I have prepared a First Amended Complaint. Do I need to prepare a First Amended Summons as well? Defendants have not answered yet - only demurred. Thank you.
You will only need a First Amended Summons if you are adding new defendants. Nevertheless, as a matter of good practice, you should always have a First Amended Summons issued in the event you want to add Doe defendants. However, you can always have a First Amended Summons issued at a later date when it becomes needed.
The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author (who is only admitted to practice law in the State of California). For specific advice about your particular situation, consult your own attorney.
Mr. Chen is correct. Unless you have other defendants who have not yet formally appeared in the case, you do not need a first amended summons.
Jason J.L. Yang, Esq. is admitted to practice law in California and therefore, all posts are based on California law. The posts do not constitute legal advice and does not create an attorney/client relationship.