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Will the clock to answer the complaint restart upon the 1st Amended Complaint?

Mountain View, CA |

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!

Attorney Answers 3


  1. Best answer

    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.

    If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this answer or select it as Best Answer. It’s easy and appreciated. This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges.


  2. 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).

    All information provided is for general purposes only and does not establish an attorney-client relationship. For more information, please visit my website at www.soaresandlykken.com.


  3. 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.

    Any information or response to a post SHALL NOT BE CONSIDERED AS LEGAL ADVICE. Providing information or responding to posts on Avvo does NOT create an attorney-client relationship. The attorney-client relationship can be created only if we both sign a written agreement and you have paid fees as required. Abraham Mathew, Mathew & George - Los Angeles, Orange County, San Fernando Valley, California Business, Trade Secret, Shareholder, Partnership, Litigation, Lawsuits, Disputes Attorney and Lawyer.

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