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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://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_1324
Jan 01, 2002 · (c) Form of amendment. 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.
http://blogs.smartrules.com/motion-for-leave-to-amend-in-california-superior-court-at-a-glance/
Jul 30, 2009 · Amendments are made by filing the pleading as amended and serving a copy on the adverse party. Motion for Leave to Amend Rules. 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 …
https://answers.uslegal.com/civil-actions/21871/
In California, a complaint may be amended without court permission if no reply from the defendant has been filed, or if made after demurrer and before the trial. Otherwise, a motion must be made to the court asking for leave (permission) to amend the complaint.
https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-438.html
(h)(1) The motion provided for in this section may be granted with or without leave to file an amended complaint or answer, as the case may be. (2) Where a motion is granted pursuant to this section with leave to file an amended complaint or answer, as the case may be, then the court shall grant 30 days to the party against whom the motion was granted to file an amended complaint or answer, as the case …
https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-581.html
California Code, Code of Civil Procedure - CCP CA CIV PRO § 581. Search California Codes. (a) As used in this section: (1) “Action” means any civil action or special proceeding. (2) “Complaint” means a complaint and a cross-complaint. (3) “Court” means the court in which the action is pending.
https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201520160SB383
A party may amend the pleading complaint, cross-complaint, or answer after the date for filing an opposition to the demurrer or motion to strike, 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 …
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://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_1320
(i) Motion to strike late-filed amended pleading If an amended pleading is filed after the time allowed, an order striking the amended pleading must be obtained by …
https://img.nyed.uscourts.gov/files/forms/Amend%20Complaint.rev7-1-10.pdf
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). After the 21-day period has expired, you must get written consent from the defendant or the Court’s perm ission before amending your complaint.
https://www.mass.gov/rules-of-civil-procedure/civil-procedure-rule-15-amended-and-supplemental-pleadings
It is however unclear whether the plaintiff should be entitled to amend his complaint as a matter of right after a motion to dismiss or a motion for summary judgment has been granted.
https://www.worklawyers.com/civil-lawsuit-deadlines-california/
Motion to Quash the Complaint: A motion to quash attacks a complaint on the grounds of lack of jurisdiction or inconvenient forum. If a motion to quash is appropriate, the party must file their motion on or before the last day of his or her time to plead or within any other time allowed by the court.54
http://learningcivilprocedure.com/forms/sample10.pdf?v=1
• 10 • Rule 15: Amended and Supplemental Pleadings • 431 • (B) if the pleading is one to which a responsive pleading is re- quired, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f),
https://sflawlibrary.org/sites/default/files/Nov%2030%202016%20Trial%20Motions%20MCLE%20Materials_0.pdf
Motions to Amend: General Amend the pleadings when there is a variance between proof at trial and what has been pleaded. Same liberality as governs pre‐trial amendments, motions granted unless prejudice to the rights of parties. (Counsel must affirmatively seek relief, no
https://www.icann.org/en/system/files/files/litigation-dca-plaintiff-motion-leave-amend-complaint-04oct16-en.pdf
for leave to amend the First Amended Complaint, adding a cause of action for a violation of its Fifth Amendment right to Due Process against Defendant Internet Corporation for Assigned Names and Numbers (“ICANN”). This Motion is made pursuant to Fed. R. Civ. P. 15 and 16, on the grounds
http://hrlf.net/wp-content/uploads/2014/08/Cisco-Motion-to-Amend-Defendants-Opposition-Brief.pdf
DEFENDANTS’ OPPOSITION TO PLAINTIFFS’ MOTION TO AMEND THE COMPLAINT INTRODUCTION Plaintiffs allege in their proposed second amended complaint (“SAC”), as they have in the two prior iterations of their complaint, that they suffered physical injury in the People’s Republic of China at the hands of Chinese public officials.
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/i-need-to-amend-my-complaint-to-add-punitive-damag-810665.html
If you are making a motion for leave to amend the complaint, you should request all of your changes (facts to the causes of action and prayer for punitive damages) in the same motion. Regardless of whether the plaintiff proceeds by way of stipulation or motion, the proposed amended complaint ought to indicate what is being added and what is being taken out.
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