Does a motion to amend or amend the cause of action start with issuance?
MultiRegion, United States of America
The following excerpt is from Mack v. Cal. Dept. of Corr., Case No.: 1:15-cv-01600 --- JLT (E.D. Cal. 2016):
The court held similarly in San Mateo Fed'n of Teachers v. Pub. Employment Relations Bd., 28 Cal.App.4th 150, 153 (1994), where the court determined that, "[t]he statutory time does not start with 'service' as required by section 1013, subdivision (a), but with issuance.'" Thus, the motion is GRANTED without leave to amend as to the Tenth cause of action.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for a motion to amend a motion where the motion is seeking leave to amend the motion? (MultiRegion, United States of America)
What is the test for dismissing a motion to amend or dismiss a motion alleging that the motion contains defects that can be cured by amendment? (MultiRegion, United States of America)
Does the date of the Registrar's decision on a motion of objection to a motion to amend and amend the terms of an application to amend the application? (Canada (Federal), Canada)
Is there any case law supporting a motion to amend the terms of a motion for leave to amend? (MultiRegion, United States of America)
Can a motion to amend a complaint be amended when the motion is futile? (MultiRegion, United States of America)
Can a retaliation action against an inmate for filing a grievance be used as a cause of action under the First Amendment? (MultiRegion, United States of America)
Can Plaintiffs amend their pleadings in a motion to amend after defendants have filed motions to dismiss? (MultiRegion, United States of America)
What is the test for a motion to amend a motion denying an amended complaint? (MultiRegion, United States of America)
Does a district court err in denying a motion to amend a motion where the amended complaint would be subject to dismissal? (MultiRegion, United States of America)
What is the standard of review required for a motion to amend a motion where a motion is brought in without a judicial review? (MultiRegion, United States of America)
