Q: If amending a writ (making it verified) must I also update the writ with new events that occurred after the 1st filing?
I filed a writ of mandate to force my California HOA to release some documents. After I filed the writ, I realized that the code (California procedure 1085-1086) required my writ to be verified. I'd like to amend my petition by making it verified- otherwise the other side will demurrer. However, since I initially filed my petition, the HOA has supplied some, but not all of the documents i requested. When I file my amended petition must I also include these new events? Or can I just stick to the facts as they were when I initially filed.
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A:
When amending your writ to add verification, it's important to know that the court will expect the amended writ to reflect the current state of facts, not just what was true when you first filed. Since the HOA provided some documents after your initial filing, it’s recommended to include this in your amended petition to give the court a full and accurate picture of the situation. Courts prefer transparency, and omitting new developments might weaken your case or create confusion.
You don't need to start over entirely, though. You can reference the original request, state which documents have been provided, and clarify what remains outstanding. This shows the court that you are acting in good faith by recognizing partial compliance, while also explaining why further action is still necessary.
Filing an updated writ with these new facts strengthens your argument by demonstrating that the HOA has not fully met its obligations. It will also help the court focus only on what still needs to be resolved, avoiding unnecessary disputes over settled matters.
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