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How long does the opposing party have to respond to my amended complaint?

Los Angeles, CA |
Filed under: Litigation

Recently, a demurrer was sustained in part and overruled in part, with leave to amend. Does the opposing parties have 10 or 30 days to respond to my amended complaint ?

Attorney Answers 4


  1. Unless the court ordered otherwise (with a different deadline), the answer to the amended complaint is due in 30 days, plus an additional 5 days pursuant to California Code of Civil Procedure section 1013 if the amended complaint was served by mail.


  2. Above response is correct. You may have had only 10 days to amend the complaint, but the party responding to the complaint has 30 days (plus additional 5 days if served by mail).

    This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.


  3. Both answers above are correct. Keep in mind that the time does not start to run until you serve the other side with your amended complaint. The order from the court allowing the amendment must be followed by filing the amended complaint and serving it.


  4. All of the preceding answers are correct.

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