If plaintiff wishes to file an amended complaint against defendants, what are the requirements?

MultiRegion, United States of America

The following excerpt is from Low v. McGinness, No. 2:10-cv-2398 JFM (PC) (E.D. Cal. 2012):

7. If plaintiff does choose to file an amended complaint, he should omit from the amended complaint all claims dismissed by the district court and include only those claims for which defendants' motion to dismiss was denied and for which he was granted leave to amend. Plaintiff is informed that the court cannot refer to a prior pleading in order to make any amended complaint complete. Local Rule 220 requires that an amended complaint be complete in itself without reference to any prior pleading. This is because, as a general rule, an amended complaint supersedes the original complaint. See Loux v. Rhay, 375 F.2d 55, 57 (9th Cir. 1967). If plaintiff files an amended complaint, the original complaint will no longer serve any function in the case. Therefore, in an amended complaint, as in an original complaint, each claim and the involvement of each defendant must be sufficiently alleged.

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