Amendment

Question 1

When can plaintiff amend a pleading?

Answer 1

21 days after serving it

Question 2

When can a defendant amend a pleading?

Answer 2

21 days after responsive pleading or 21 days after serving rule 12 montion

Question 3

When can one amend a new party to a pleading ?

Answer 3

1. Must concern the same transaction and occurrence , and

2. The party to be added must have known or had reason to know that the action should have been brought against them

Question 4

In California how long does one have to respond to a complaint ?

Answer 4

30 days

Question 5

In California if one names a fictitious “DOE” defendant, when can the plaintiff amend with the proper defendants name ?

Answer 5

1. The original complaint was timely;
2. The plaintiff genuinely didn’t know the defendants name;
3. The complaint stated the plaintiffs ignorance to the defendants name ; and
4. Plaintiff amends within three years of filing the original complaint