Does a motion to amend a complaint to remove a judge from jurisdiction be amended as of right or with leave of court?

California, United States of America


The following excerpt is from Omni Aviation Managers, Inc. v. Municipal Court, 131 Cal.Rptr. 758, 60 Cal.App.3d 682 (Cal. App. 1976):

1 It is not clear whether the complaint was amended as of right or with leave of court. (Code Civ.Proc., 472.) In any event, the right to amend so as to oust the court of jurisdiction is not disputed. (Thomasian v. Superior Court, 122 Cal.App.2d 322, 337, 265 P.2d 165.)

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