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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


  1. Best answer

    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 Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.


  2. 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.


  3. 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.

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