last hearing Judge gave me an extension to file an amended complaint and serve the amended complaint on the defendants. If i decide not to amend the complaint, can i still serve the original complaint... or at this point do i have to file an amended complaint?
When you file a complaint--you don't need a judge's permission to file an amended complaint when no Defendants have been served or responded.
You get one free amendment--called an amendment "of course" I think the code section is CCP 472 or 474. If you want to amend, go ahead. If you don't, don't. If you're worried about the judge slamming you for not amending--spend a couple minutes and change a few things around. But your real focus should be on serving the Defendants.
Happy with my answer? Want legal advice? Click "more" to learn how we will give you a $50.00 credit towards legal services for using AVVO to help us out! First off, if you are happy with the answer I've provided, please do as I did and take a moment to write me a review: https://www.avvo.com/attorneys/90025-ca-amir-dibaei-3717927/write_review.html Please also know that any answers provided by this account DO NOT CONSTITUTE LEGAL ADVICE. Nothing in the answers should be construed as legal advice or the creation of an attorney-client relationship. Our firm does not give legal advice online. You are not our client and we are not your attorneys. Many "askers" call our office as follow-ups to questions they have asked here on avvo.com. We cannot guarantee any response to such phone calls and similarly, any response you may receive during such phone calls is also not to be construed as legal advice or the creation of an attorney-client relationship. If you would like to be guaranteed a time to discuss your issue, our firm presents a very unique service which allows you to receive legal advice immediately. If you have a legal problem, a credit card and a telephone, you don't need to look any further to receive legal advice. Our firm's remote legal service is by far the quickest, cheapest and most reliable legal advice you can obtain from the comfort of your own home. We do consultations in intervals of 15 minute periods and if that results in you retaining our firm for some work--all work will be done at a fixed rate. That means you can use your credit card to pay for everything you need and rest assure it'll be done. If we come to an arrangement and you have already left us a nice review on our avvo.com profile linked above, we'll give you a $50.00 credit! (to receive the $50.00 the review must be left before contacting our offices and the credit can only be applied to an agreement for services) We have just started providing this service and have been astounded by the number of clients that have solved their problems. For approximately $200.00, you get a 30 minute consultation and we'll immediately draft a strong letter on our firm's legal letter head and email, fax and mail it out for you. If you're unsure of where to begin, this is guaranteed to be the fastest and cheapest way to begin (and hopefully resolve) your problem. Give us a call! 310-481-6785
Employment / Labor Attorney
No you do not have to amend. However, if you do not intend to amend then you need to get that complaint served on all defendants immediately. The judge will not be happy if you have not amended not served the original defendants within the deadline. The judge can even dismiss your case for failure to serve the defendants in a timely manner.
If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this answer or select it as Best Answer. It’s easy and appreciated. This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges.