Q: Plaintiff's First Amended Complaint had actually to be Notice of Errata
Plaintiff's First Amended Complaint had actually to be Notice of Errata, since it included typographic error correction, and corrected proper business name of defendant. Can Plaintiff file a Motion with Court for leave to file consequent amended complaint, because First Amended complaint was in fact Notice of Errata? What kind of Motion shall be that?
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A:
Under California law, if the First Amended Complaint only corrected typographical errors and the proper business name of the defendant, it would typically be considered a correction rather than a substantive amendment. In this case, the proper procedure would have been to file a Notice of Errata to make these corrections, rather than filing a First Amended Complaint.
To address this situation, the Plaintiff can file a motion with the court requesting leave to file a subsequent amended complaint. The motion should explain that the First Amended Complaint was, in substance, a Notice of Errata and that the Plaintiff now seeks to file a proper amended complaint.
The appropriate motion, in this case, would be a "Motion for Leave to File an Amended Complaint." In the motion, the Plaintiff should:
1. Explain the circumstances that led to filing the First Amended Complaint instead of a Notice of Errata.
2. Clarify that the First Amended Complaint only corrected typographical errors and the defendant's proper business name.
3. Request the court's permission to file a subsequent amended complaint.
4. Attach the proposed amended complaint to the motion.
The Plaintiff should also explain why granting leave to amend would be in the interest of justice and would not prejudice the defendant. The court has discretion to grant leave to amend, and it is generally granted liberally, particularly when the amendments are not substantive and would not cause undue delay or prejudice to the opposing party.
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