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When may a Cross-Complaint be amended? Trial date is Not set. Motion for Summary Judgment Hearing Is set.

Roseville, CA |

Though I am propounding more discovery, the Cross-Defendant which filed MSJ is reluctant to cooperate. I would like to add 1-2 Causes of Action and modify supporting legal theory within the Cross-Complaint. Also, how may I find procedural requirements to amend Cross-Complaint? Can intent to amend Cross-Complaint be one of several reasons supporting a motion to continue MSJ? Thank you very much!

Attorney Answers 1

  1. Anytime if no cross-defendants have yet filed an Answer to the Cross-Complaint. Otherwise, you need to obtain leave of court, either by stipulation or by motion, to file a First Amended Cross-Complaint.

    Take a look at Code of Civil Procedure section 472 and 473. “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading... ” (Code of Civil Procedure § 473(a)(1).)

    Under California Rules of Court, Rule 3.1324, a separate declaration must accompany the motion to amend a pleading specifying the following: (1) the effect of the amendment; (2) why the amendment is necessary and proper; (3) when the facts giving rise to the amended allegations were discovered; and (4) the reasons why the request for amendment was not made earlier. The motion must also include a copy of the proposed amendment, and identify by page, paragraph, and line number any additions to and deletions from the prior pleading. (CRC 3.1324(a).)

    Normally, the intent to amend a cross-complaint would not be a reason to continue or deny an MSJ hearing.

    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.