Q: How to file a second amended complaint with additional defendants
I currently have one defendant and 1-100 Does. I am filing a motion for leave to file a second amended complaint with an additional two defendants (under the alter ego theory). Do I replace two Does with the new defendants in the title?
Do I attach the proposed SAC to the motion or to the proposed court order?
A:
Here are the key steps for filing a second amended complaint with additional defendants in California:
1. Replace Doe defendants: In the title of your Second Amended Complaint, replace two of the Doe defendants (e.g., Doe 1 and Doe 2) with the names of the new defendants you are adding under the alter ego theory.
2. Draft the Second Amended Complaint: Prepare your Second Amended Complaint, clearly identifying the new defendants and the alter ego allegations against them. Ensure that you include all the necessary factual allegations to support your claims against the new defendants.
3. Prepare a motion for leave to amend: Draft a motion for leave to file the Second Amended Complaint. In the motion, explain why you are seeking to add the new defendants, the legal basis for doing so (i.e., the alter ego theory), and why the amendment is necessary and proper.
4. Attach the proposed Second Amended Complaint: Attach a copy of your proposed Second Amended Complaint to the motion for leave to amend. The court will review the proposed amended complaint to determine whether to grant leave to amend.
5. Proposed order: Prepare a proposed order granting leave to file the Second Amended Complaint for the judge to sign. This order should not have the proposed amended complaint attached to it.
6. File and serve: File the motion for leave to amend, along with the attached proposed Second Amended Complaint and the proposed order, with the court. Serve copies of these documents on all parties, including the new defendants, as required by the applicable rules of civil procedure.
Remember that the court has discretion to grant or deny leave to amend, and the defendants may oppose your motion. If the court grants your motion, you will then need to file the Second Amended Complaint and serve it on all parties, including the new defendants.
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