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Steps to file a Second Amended Complaint after Demurrer Hearing, California OC Superior Court

Cypress, CA |
Filed under: Lawsuits and disputes

Leave to amend a few COA's has be granted by the court after a hearing on demurrer.
The demurrer to other COA's in the complaint was overruled.
I am not adding defendants, COA's, or additional allegations.

Rather than challenge the judges reasoning, I am willing to abandon the sustained COA's but would like to keep all of the allegations in place because the complaint was verified.

I am not adding any allegations to the overruled COA's.

Do I file the amended complaint with the applicable COA and Prayers indicated by “strikethrough” type style?

or actually remove the text without any further or additional comments regarding the changes made to the Amended Complaint?

Do I need to attach a copy of the original complaint to the amended complaint.

Attorney Answers 3

Posted

If you are willing to abandon the sustained COA's and are not adding any allegations to the overruled COAs, file the amended complaint with the applicable COAs only, and renumber the COAs and the paragraphs.

It is not necessary to use the “strikethrough” type style. Just remove the text without any further or additional comments regarding the changes made to the amended complaint.

No, you do not need to attach a copy of the original complaint to the amended complaint.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult with your own attorney.

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Posted

1) No, you can just prepare and file and serve your amended complaint.

2) No, you do not have to attach an original copy of the amended complaint. That is the document that is filed.

I don't know what your case is about although I would suggest that you hire a lawyer or one you can call to advise you.

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Posted

Usually a complaint has a number of paragraphs with facts and then various causes of action. Each cause of action usually starts by incorporating by reference the factual paragraphs. If you want to keep the overruled causes of action and abandon the sustained cause of action, you may still keep the fatual paragraphs and incorporate them into the remaining causes of action. You don't need to attach the original or first amended complaint to your second amended complaint. You don't just draw a line through the paragraphs. Re-type it, re-execute a verification and then file and serve.

The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

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