Does an amendment to the pleadings of a motion requiring a party to be served with a summons apply to a defendant?
California, United States of America
The following excerpt is from Fifth & Broadway Partnership v. Kimny, Inc., 102 Cal.App.3d 195, 162 Cal.Rptr. 271 (Cal. App. 1980):
Appellant complains that it was not served with summons following the amendment. However, as stated in Simon v. City & County of San Francisco (1947) 79 Cal.App.2d 590, 599, 180 P.2d 393, 399; "Service of summons is not indispensable to make a defendant a party. Amendment to the pleadings may be an appropriate method to accomplish this result in a proper case."
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