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I was filing a second amended complaint in Alameda County Superior Court with a new summons

San Leandro, CA |

The new summons was not filed, and the clerk stated it was because "Summons does not indicate on second amended complaint."

What does this mean? Where on the second amended complaint would I write a new summons is to be attached?

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Attorney answers 3

Best Answer

Type or handwrite the words "SECOND AMENDED" at the very top of the summons form, just before the word "SUMMONS", so that it reads "SECOND AMENDED SUMMONS".

The operative complaint should be entitled "Second Amended Complaint". It is not attached to the Summons on Second Amended Complaint.


You have to write "Second Amended" on the Summons itself. If this is your 3rd try amending your complaint, that means you've already lost 2 demurrers. If you lose the inevitable next one, your case will get dismissed with prejudice and you won't be able to file again. Now's the itme to see a lawyer, if you want to case to survive. If your case has merit, you should be able to find a lawyer.

PLEASE READ THIS BEFORE YOU COMMENT, EMAIL ME OR PHONE ME. I'm only licensed in CA. This answer doesn't make me your lawyer, and neither do follow-up comments and/or emails and/or phone calls, and you shouldn't expect me to respond to your further questions if you haven't hired me. We need an actual agreement confirmed in writing before any attorney-client relationship is formed. This answer doesn't constitute legal advice, and shouldn't be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.

Maryem Sarwari

Maryem Sarwari


Where on the summons form would I put Second Amended? Up on the top (next to the defendants names)? I dont see anywhere else to list it.


Multiple amendments require clarity to keep the records straight. As said above, you need to mark all subsequent amendments and supporting papers as the Second or Third or where ever you are in the amendment process. If you insist on doing this yourself, you really must spend some time with the CCP and the Rules of Court.

If you liked this answer, click on the thumbs up! Thanks. Eliz. C. A. Johnson Post Office Box 8 Danville, California 94526-0008 Legal disclaimer: I do not practice law in any state but California. As such, any responses to posted inquiries, such as the one above, are limited to a general understanding of law in California and not to any other jurisdiction. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as legal advice can only be provided in circumstances in which the attorney is able to ask questions of the person seeking legal advice and to thus gather appropriate information.

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