For example, Plaintiff severed Complaint on both Defendant A and Defendant B on May 1. But after Defendant A filed his demurrer within the timeframe to response, Plaintiff filed his 1st Amended Complaint on May 29. At this time, Defendant B still have not responded to the original Complaint yet. My question is: Will both Defendant A and B get the extra 30 days starting May 29 to answer the FAC? Or only the Defendant A gets it since Defendant A has answered the original Complaint, but Defendant B has not? Thanks for your help!
The filing of an amended complaint begins a new round of pleadings. The amended complaint supersedes the previous complaint as the "operative" pleading. The practical effect is that each party is required to file a new response to the new (amended) complaint, regardless whether that party answered the previous complaint. Each party has 30 days (or however many days the judge orders) to respond to the amended complaint. To be clear, even a defendant who filed an answer to the previous complaint must file another answer to the amended complaint. So in your example, both defendant A and defendant B are required to file a response to the amended complaint.
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I agree with prior counsel. Once an amended complaint is filed, the clock and available responses start all over again. So each defendant will be able to demurrer to the amended complaint or answer it (there are other options but they aren't used very often).
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The 30 day clock begins to run as to Defendant B upon service of the First Amended Complaint. From your facts, no response was filed by Defendant B - thus personal service of the Summons and Complaint on the First Amended Complaint is required as to Defendant B.
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