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What to do when court hasn't ruled on motion for leave to file amended cross-complaint after discovery cutoff?

Sherman Oaks, CA |

My motion for leave to amend pleading is under submission over two weeks. Discovery cutoff was on Friday. What should I do?

Attorney Answers 3


Pleadings and discovery are two completely different issues. Your post does not indicate the reason why your motion to amend was to amend a complaint or an answer, nor why you waited so long. Most likely, the motion for leave to amend will be denied if it will cause prejudice to any party affected, including the inability to conduct discovery.

The party being prejudiced by the motion for leave to amend can argue in the opposition and/or make a separate ex parte application for order shortening time for service of notice of motion to continue the trial and discovery cut off date.

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, please consult with your own attorney.

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You may have issues, as discovery cut off is usually just prior to trial. And, if you are seeking leave to amend at this stage, it may be a problem. I would seek the services of an attorney to assist in this matter, as an appeal maybe your only option. And, without knowing the specifics of the entire case it is very difficult to address your question in proper detail. Plus, your question is far too specific for a forum such as this! But, you can always call the court as well to inquire about the status of the ruling! As an aside, if you found my direction helpful, and if you feel appropriate; could you be so kind as to designate my answer as the “best” answer to your question? I wish you the best of luck.

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Discover cut-off and leave to amend are two different things. One does not relate to the other. You may not hear from the court until the final status conference, or even later, with respect to your motion. Good luck.

I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

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