Q: Opposition to demurrer can be amended once without leave of court?
Is ccp 472 applicable to amending opposition to demurrer?
Opposition to demurrer can be amended once without leave of court?
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A:
In California, you are typically allowed to amend your opposition to a demurrer once without needing the court’s permission. This amendment provides an opportunity to refine your arguments or address any points that may have been overlooked in the initial filing.
California Code of Civil Procedure (CCP) § 472 primarily deals with amendments to pleadings after the deadline for filing a motion has passed. While this section is more relevant to amending complaints or answers, it does not directly apply to amending an opposition to a demurrer. Therefore, CCP § 472 may not be applicable in this specific context.
If you find that you need to amend your opposition more than once, you will likely need to seek the court’s leave. To do so, you must demonstrate a valid reason for the additional amendment, such as new evidence or significant changes in the case. It’s also a good idea to review local court rules or consult with a legal professional to ensure you are following the correct procedures.
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