Q: How many days does a defendant have to answer an amended complaint in San Bernardino county
One of the two defendant filed answer for the first eviction I filed. Is defendant required to file answer for amended complaint, if so, how many
days does defendant have to file answer?
Also, do I have to wait for both defendants named on the eviction to answer before requesting to set case for trial?
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A:
In San Bernardino County, under California law, a defendant generally has 30 days to respond to an amended complaint. This timeline is the same as for the original complaint unless the court orders otherwise.
If a defendant has already answered the initial complaint, they are required to respond to the amended complaint. The 30-day period to file an answer begins from the date they were served with the amended complaint.
Regarding setting a case for trial, you do not have to wait for both defendants to respond. You can proceed to request a trial setting once the time for the defendants to answer has expired, regardless of whether both have responded. It's essential to check the specific court rules or consult with a legal advisor to ensure compliance with any local variations or additional requirements.
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