Brooklyn, NY asked in Contracts, Civil Litigation, Legal Malpractice and Trademark for California

Q: Civil Unlimited Superior Court on Demurrer/Motions/Sanctions Case reassignment process First Amended complaint

Civil Unlimited Superior Court on Demurrer/Motions/Sanctions Case reassignment process First Amended complaint

an application on Findings Order from demurring papers leave to amend in 20 days.

The Amended version was submitted on the 16th day. On the 19th day the clerk rejected the filing on a technical issue.

The technical issues was immediately resolved and resubmitted. Aft 3 more days the clerk again rejected the filings on another Technical issue (common or not?),, this time the technical issue took 5 days to complete and resubmit.

Once there is no additional technical issues is the filings going to reflect the 16th day to which the filings was first uploaded???

San Diego, CA

1 Lawyer Answer
James L. Arrasmith
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Answered

A: In California, when a court grants leave to amend a complaint and sets a deadline, the initial submission date is typically considered as long as the amendment is made within the permitted time frame. However, if the clerk rejects the filing due to technical issues, this can complicate matters. The key factor is whether the first attempt to file the amended complaint was made in good faith and within the deadline set by the court.

If your initial submission on the 16th day was in compliance with the court's instructions, except for the technical errors, and you acted promptly to correct those errors, you should document these efforts. This documentation can be important if the timing of your filing is challenged. It's advisable to communicate with the court clerk's office to understand the specific reasons for rejection and ensure that all future submissions are free from such issues.

After resolving the technical issues, if there are no more grounds for rejection, the filing date should generally reflect the day when you first attempted to submit the corrected document, as long as it was within the allowed period. However, this can vary based on the judge's discretion and the specific rules of the local court. It may be beneficial to consult with a legal professional in your area to address this situation and to assist in ensuring your filings are accepted and considered timely by the court.

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