I have noticed parties sometimes file a request, other times a motion. This is for a 1st Amended. I understand that a leave is not required for a 1st Amended but would like to file for a leave regardless.
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The only time a plaintiff may file an amended complaint without the need for a court is order is where plaintiff files a "first amended complaint" as a matter of right pursuant to CCP 472. Otherwise, plaintiff will need the court's leave (i.e. permission) to file an amended complaint, such as where the court sustains a demurrer yet allows plaintiff to file an amended pleading, or where plaintiff and defendant stipulate for a court order allowing plaintiff to file an amended pleading. To answer your question, if you are filing a "first amended complaint" and no defendant has filed an answer in your action, you do not need to bring a motion for leave. Keep in mind that courts have very busy dockets and do not wish to hear things that could have been resolved without court intervention, so bringing an unnecessary motion may upset the court. Be sure to consult your own attorney to protect your legal rights.
You can file a 1st amended complaint as a matter of right. After that, you will have to file a noticed motion.
Unless a demurrer has been heard or an answer filed, you should not request leave to amend. Just file the first amended complaint. Don't waste the judge's time with a motion.
I'm not sure what your question is. There is no such thing as a difference in civil procedure between a request and a motion. Parties sometimes request leave to amend in their opposition papers, which are usually opposition papers to a motion to strike or a demurrer. A "request" is not a simple document or form or even a pleading that is filed. That is something like requesting a recess in the court proceedings so that you can have a bathroom break. It is not a pleading.
Anytime a party asks the court to make an order, that is a "motion." A motion is usually made in writing, but can sometimes be oral. (The latin for this ore tenus.)
You are not clear on where you are in the case procedurally. "Any pleading may be amended once by the party of course, and without costs, at any time before the answer or demurrer is filed, or after demurrer and before the trial of the issue of law thereon, by filing the same as amended and serving a copy on the adverse party, and the time in which the adverse party must respond thereto shall be
computed from the date of notice of the amendment." (Code. Civ. Proc., sect. 472.)
That statute generally means that you just file an amended pleading automatically befoer the other party has answered or had a hearing on any demurrer.
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