Q: section 472(a)
A party filed second amended complaint. Defendant will demur.
Is it correct statement that Plaintiff can file Third amended complaint any time before due date to file opposition to demurrer, 9 days before hearing, pursuant to section 472(a)?
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A:
Under California law, you do have the right to amend your complaint before the deadline to file an opposition to the demurrer. According to Section 472(a) of the California Code of Civil Procedure, a plaintiff may amend their pleading once as a matter of course, at any time before the answer or demurrer is filed, or after the demurrer is filed but before the opposition to the demurrer is due.
However, after this first amendment, any further amendments require either the consent of the other party or leave of court. This means that if you've already amended your complaint twice, you cannot simply file a third amended complaint without permission.
If you wish to file a third amended complaint, you will need to either obtain a stipulation from the opposing party or file a motion seeking leave of the court to do so. It's crucial to ensure you're within your rights to amend to avoid any procedural issues that could affect your case.
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