How much time defendents have to respond to an ammended complaint.
Some one to help me understand 10 days vs 30 days option.
2 attorney answers
Your confusion stems from the fact that an apparent conflict exists between rule and statute concerning the time to respond to an amended complaint.
California Rules of Court, Rule 3.1320, which governs demurrers, provides that a defendant has 10 days to plead to a complaint after the complaint is amended or the time to amend has expired if a demurrer was sustained with leave to amend. (Cal. Rules of Court, Rule 3.1320(j).) On the other hand, California Code of Civil Procedure section 471.5 requires a defendant to answer an amended complaint within 30 days after service.
I assume you have served and filed your First Amended Complaint already?
If so, unless a different timeline was otherwise ordered by the court, each of the defendants has 30 calendar days to file and serve a response to the First Amended Complaint. If you served your First Amended Complaint by mail, add 5 calendar days pursuant to Code of Civil Procedure section 1005 (in other words, a total of 35 days).
If the defendants do not answer, demur or otherwise respond to the First Amended Complaint within the 35 days, the plaintiff can file a Request for Entry of Default.
Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
Attorney Chen is correct. Pursuant to Rule 3.1320 you had 10 days to amend the complaint following the ruling on the demurrer. See Rule 3.1320 (g) ("Unless otherwise ordered, leave to answer or amend within 10 days is deemed granted...."). However, your opponent has 30 days to serve a response to the first amended complaint (35 days if the amended complaint was served by mail).
This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.