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http://www.christian-attorney.net/amend-complaint-motion.html
Summary: California courts generally are to liberally permit amendments to the Complaint during any stage of the case if the defendant is not prejudiced by the delay; such includes adding a new cause of action after the statute of limitations has run if the cause of action is based on the same general set of facts alleged in the original complaint; ...
https://law.justia.com/codes/california/2016/code-ccp/part-2/title-6/chapter-8/section-472
A party may amend the complaint, cross-complaint, or answer after the date for filing an opposition to the demurrer, upon stipulation by the parties. The time for responding to an amended pleading shall be computed from the date of service of the amended pleading. (b) This section shall remain in effect only until January 1, 2021,...
https://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_1324
Jan 01, 2002 · The court may deem a motion to file an amendment to a pleading to be a motion to file an amended pleading and require the filing of the entire previous pleading with the approved amendments incorporated into it.
https://nathanmubasher.wordpress.com/2017/02/25/amending-a-complaint-or-other-pleading-in-california/
Feb 25, 2017 · Amending a complaint or other pleading in California is authorized by the provisions of Code of Civil Procedure sections 473(a) and 576 which both state in pertinent part that a court may, in the furtherance of justice allow a party to amend any pleading on any terms as may be proper.
https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-471-5.html
California Code, Code of Civil Procedure - CCP § 471.5 (a) If the complaint is amended, a copy of the amendments shall be filed, or the court may, in its discretion, require the complaint as amended to be filed, and a copy of the amendments or amended complaint must be served upon the defendants affected thereby.
https://oag.ca.gov/sites/all/files/agweb/pdfs/charities/pdf/first_amended_complaint.pdf
attorneysfor the people of the state o,{california 8 superior court of the state of california 9 county of riverside 10 riverside historic courthouse 11 12 13 the people of the state of case no. ric 1212288 california, 14 first amended complaint for plaintiff, damages, for …
http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1009.&lawCode=PEN
A complaint cannot be amended to charge an offense not attempted to be charged by the original complaint, except that separate counts may be added which might properly have been joined in the original complaint. The amended complaint must be verified but may be verified by some person other than the one who made oath to the original complaint.
https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-472.html
(a) Any pleading may be amended once by the party of course, and without costs, at any time before the answer or demurrer is filed, or after demurrer and before the trial of the issue of law thereon, by filing the same as amended and serving a copy on the adverse party, and the time in which the adverse party must respond thereto shall be computed from the date of notice of the amendment.
https://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_1320
2019 California Rules of Court. Rule 3.1320. Each ground of demurrer must be in a separate paragraph and must state whether it applies to the entire complaint, cross-complaint, or answer, or to specified causes of action or defenses.
https://www.law.cornell.edu/rules/frcp/rule_15
Just as amendment was permitted by former Rule 15(a) in response to a motion, so the amended rule permits one amendment as a matter of course in response to a responsive pleading. The right is subject to the same 21-day limit as the right to amend in response to a motion.
https://blog.ceb.com/2017/06/02/amending-a-complaint-to-name-a-doe-defendant/
Jun 02, 2017 · When you amend the complaint to add the true name, the action against the defendant is deemed to have commenced when the original complaint was filed, not when you amended it. This means that the action against the defendant is treated for all purposes as if the true name appeared in the original complaint.
https://www.avvo.com/legal-answers/when-and-how-to-file-an-amended-complaint--743748.html
May 12, 2012 · As long as you file your amended complaint before 5/22, you can do so without filing a motion for leave to amend. If the demurrer is heard on 5/22, the court may or may not allow you "leave to amend," so if you can get your amended complaint on file before 5/22, that would be best.
https://www.avvo.com/legal-answers/what-form-do-i-use-to-file-an-amended-complaint-in-1880653.html
Sep 12, 2014 · If no answer has been filed by the defendant, you can just file a new complaint with the alterations and label it as a First Amended Complaint. If the defendant has filed an answer, you will have to file a motion seeking permission from the court to file a First Amended Complaint.
http://www.lacourt.org/forms/pdf/LACIV105.pdf
amends the complaint by substituting the true name for the fictitious name wherever it appears in the complaint. DATE TYPE OR PRINT NAME SIGNATURE OF …
https://www.jdsupra.com/legalnews/changes-to-the-california-code-of-civil-14570/
Dec 21, 2015 · An amended pleading can only be filed after that date pursuant to the stipulation of the parties. In short, Senate Bill 383 will limit the number of amended complaints and demurrers that can be...
https://www.dir.ca.gov/Private-Attorneys-General-Act/Private-Attorneys-General-Act.html
Department of Industrial Relations; Private Attorneys General Act (PAGA) – Filing. The Labor Code Private Attorneys General Act (PAGA) authorizes aggrieved employees to file lawsuits to recover civil penalties on behalf of themselves, other employees, and the State of California for Labor Code violations. Those who intend to pursue PAGA cases must follow the requirements specified in Labor ...
https://legalbeagle.com/8709362-amend-civil-complaint.html
If you want to amend the complaint after the other party filed a response, you need that party's permission to do so. If the other side doesn't agree, you must ask the court for permission to file an amended complaint, explaining when and how you learned the new facts and attaching a copy of the proposed amended complaint.
https://www.lawguru.com/legal-questions/california-general-civil-litigation/amend-complaint-filed-civil-pro-355413578/
In any case, once another party has appeared in the action (as they have in yours) leave of court is required in order to amend the complaint. Thus, you will have to make a motion, even if you have a stipulation from the other side.
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