Q: which statute (CCP) stated that complaint can be amended three times, unless one amendment was already ordered?
which statute (CCP) stated that complaint can be amended three times, unless one amendment was already ordered?
CCP 576 in reference.
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A:
Under California Code of Civil Procedure (CCP), section 472 is actually the statute that addresses the right to amend pleadings. The code allows you to amend your complaint once as matter of right before the answer is filed. After that, you'll need leave of court to make further amendments.
CCP 576, which you referenced, is related but different - it gives the court discretion to allow amendments to any pleading at any stage of the proceedings. This section works in conjunction with CCP 472 to provide flexibility in the amendment process.
It's worth noting that while there isn't technically a strict limit of three amendments in the CCP, courts generally become more scrutinizing of amendment requests as their number increases. The key factors courts consider when deciding whether to permit amendments include the timing of the request, prejudice to the opposing party, and whether previous opportunities to amend were granted. Your ability to amend will largely depend on these factors rather than any fixed numerical limit.
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