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I filed a complaint in Jan 2014... I have not yet served the Defendants...

Los Angeles, CA |

last hearing Judge gave me an extension to file an amended complaint and serve the amended complaint on the defendants. If i decide not to amend the complaint, can i still serve the original complaint... or at this point do i have to file an amended complaint?

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Filed under: Summons and complaint
Attorney answers 3


When you file a complaint--you don't need a judge's permission to file an amended complaint when no Defendants have been served or responded.
You get one free amendment--called an amendment "of course" I think the code section is CCP 472 or 474. If you want to amend, go ahead. If you don't, don't. If you're worried about the judge slamming you for not amending--spend a couple minutes and change a few things around. But your real focus should be on serving the Defendants.

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is there any penalty for serving the defendants months after the filing date... or at this point to avoid any penalty should i amend and serve the amended complaint... THIS is my main concern..


You can still serve the original complaint if you wish. You should probably hurry, as you do not want your case thrown out for failure to prosecute.


No you do not have to amend. However, if you do not intend to amend then you need to get that complaint served on all defendants immediately. The judge will not be happy if you have not amended not served the original defendants within the deadline. The judge can even dismiss your case for failure to serve the defendants in a timely manner.

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