A (patient in pro per) sues B (doctor, has attorney)
case was filed on 7/2011 for medical battery, lack of informed consent
defendant has answered the complaint
trial is set to 3/10/2013
A just found CCP 425.13, "The court shall not grant a motion allowing the filing of an amended pleading that includes a claim for punitive damages if the motion for such an order is not filed within two years after the complaint or initial pleading is filed or not less than nine months before the date the matter is first set for trial, whichever is earlier."
due to A is on pro per and significantly in delay of discovery.
so A wants to do the following:
1. to file a skeleton motion to add punitive damage on 6/5/2012
2. in this motion, A will just mention to pursuit CCP 3294 and CCP 425.13
3. A will set the hearing date to a far future date, like 11/10/2012
4. A will not serve the motion at the time of filing.
5. A will finish the discovery before 10/2012.
6. A will amend or supplement the motion in 10/2012
7. A will serve the amended/supplemented motion to B on about 10/15/2012 (first time to serve this motion)
8. Then A and B may both continue the trial because things have changed

1. is filing a motion to add punitive damage deadline 6/9/2012 ?
2. if A does not file motion to add punitive damage, but will file continuance of trial in 10/2012, and new trial date is set to 8/2013, will the deadline to file motion to add punitive damages move to 12/2012?
3. does pleading for punitive damage against doctor needs B's admitted facts or just A's alleges?
4. what's the motion's name shall be? like "Motion to leave court, Amend Complaint, and Add Punitive Damages"?
5. is a motion can be amended or supplemented?
6. if answer to previous question is NO, can the supposed amended content be added into the REPLY to B's opposition? (suppose B will oppose to A's motion filed on 6/5/2012)
7. is filing a motion but serving a motion 4 months a part OK? (the hearing date is set on 5 month away)
8. Do you have better strategies on this?