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http://www.christian-attorney.net/amend-complaint-motion.html
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 and an amendment naming a fictitious Doe defendant.
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://law.justia.com/codes/california/2016/code-ccp/part-2/title-6/chapter-8/section-472
(a) A party may amend its pleading once without leave of the court at any time before the answer or demurrer is filed, or after a demurrer is filed but before the demurrer is heard if the amended complaint, cross-complaint, or answer is filed and served no later than the date for …
https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-438.html
California Code of Civil Procedure CCP CA CIV PRO Section 438. Read the code on FindLaw ... apply, if the motion is granted with respect to the entire complaint or answer with leave to file an amended complaint or answer, as the case may be, but an amended complaint or answer is not filed, then after the time to file an amended complaint or ...
https://www.sb-court.org/divisions/civil-general-information/rules-civil-procedure
An amended pleading is a pleading that is entirely rewritten pertaining to matters of substance, and is used in place of, and supersedes the original pleading; an amended Complaint should be verified the same as the original Complaint and a Summons issued and served on un-served defendants, and time to answer or otherwise respond is within 30 days for personal service.
https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201520160SB383
(a) A party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike answer or demurrer is filed, or after a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the amended pleading complaint, cross-complaint, or answer is filed and served no later than the date for filing an opposition to the demurrer or motion to …
http://www.courts.ca.gov/cms/rules/index.cfm?title=two&linkid=rule2_111
(11) If a case is reclassified by an amended complaint, cross-complaint, amended cross-complaint, or other pleading under Code of Civil Procedure section 403.020 or 403.030, the caption must indicate that the action or proceeding is reclassified by this pleading.
http://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_110
Jan 01, 2007 · 2020 California Rules of Court. Rule 3.110. Time for service of complaint, cross-complaint, and response (a) Application This rule applies to the service of pleadings in civil cases except for collections cases under rule 3.740(a), unlawful detainer actions, proceedings under the Family Code, and other proceedings for which different service requirements are prescribed by law.
https://www.law.cornell.edu/rules/frcp/rule_15
Section 11(a) of Pub. L. 102–198 [set out as a note under section 2074 of this title] provided that Rule 15(c)(3) of the Federal Rules of Civil Procedure as transmitted to Congress by the Supreme Court to become effective on Dec. 1, 1991, is amended.
https://img.nyed.uscourts.gov/files/forms/Amend%20Complaint.rev7-1-10.pdf
consent of the defendant(s) so long as the amended complaint is filed within 21 days after serving the original complaint or the amended complaint is filed within 21 days after service of the answer or a motion under Rule 12(b), (e) or (f).
https://www.worklawyers.com/civil-lawsuit-deadlines-california/
Service on New Defendants: If the plaintiff amends the complaint to add a new defendant, the plaintiff must serve the new defendant and file a proof of service with the court within 30 days of filing the amended complaint.40
http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?chapter=4.&part=2.&lawCode=CCP&title=5.&article=3.
This summons is served pursuant to Section 415.30 of the California Code of Civil Procedure. Failure to complete this form and return it to the sender within 20 days may subject you (or the party on whose behalf you are being served) to liability for the payment of any expenses incurred in serving a summons upon you in any other manner permitted by law.
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.federalrulesofcivilprocedure.org/frcp/title-iii-pleadings-and-motions/rule-15-amended-and-supplemental-pleadings/
Unless the court orders otherwise, any required response to an amended pleading must be made within the time remaining to respond to the original pleading or within 14 days after service of the amended pleading, whichever is later. (b) Amendments During and After Trial. (1) Based on an Objection at Trial.
https://www.serve-now.com/resources/process-serving-laws/california
California Rules of Civil Procedure. Please note that lobbyists are active in California and laws concerning civil procedure and process serving can change. Therefore the information listed below may have been amended. For updated process serving legislation, please visit the California Judiciary and Courts website. § 413.10 Law governing service.
https://www.avvo.com/legal-answers/amending-a-civil-complaint-554526.html
The complaint must amended by a noticed motion after it has been answered. A motion to amend the complaint must be filed a served on the opposing party in compliance with the statutory requirements after the complaint has been answered. This type of a motion must also comply with both the Code of Civil Procedure and the California Rules of the Court in order to be seriously considered by the court.
http://learningcivilprocedure.com/forms/sample10.pdf?v=1
(assuming the motion is still responsive to the amended complaint) or it can require the defendant to file a new motion (if, for example, resolving the motion in light of the new complaint would cause confusion or delay). Often, an amended complaint will be filed in response to issues raised in a pending motion.
https://law.justia.com/codes/california/2005/ccp/428.10-428.80.html
CODE OF CIVIL PROCEDURE SECTION 428.10-428.80 428.10. A party against whom a cause of action has been asserted in a complaint or cross-complaint may file a cross-complaint setting forth either or both of the following: (a) Any cause of action he has against any of the parties who filed the complaint or cross-complaint against him.
https://www.jdsupra.com/legalnews/changes-to-the-california-code-of-civil-14570/
Dec 21, 2015 · An amended complaint must now be filed no later than the date an opposition to the demurrer is due. An amended pleading can only be filed after …
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