If plaintiff wishes to stand on his first amended complaint, what are the options?
MultiRegion, United States of America
The following excerpt is from Gibbs v. Webb, No. 2:18-cv-2817 JAM DB P (E.D. Cal. 2020):
wishes to stand on his first amended complaint. See Edwards v. Marin Park, Inc., 356 F.3d 1058, 1064-65 (9th Cir. 2004) (plaintiff may elect to forego amendment). If the last option is chosen, the undersigned will issue findings and recommendations to dismiss the non-cognizable claims without leave to amend, plaintiff will have an opportunity to object, and the matter will be decided by a District Judge.
"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
If plaintiff chooses to amend the complaint, is the amended complaint supers supersets the original complaint? (MultiRegion, United States of America)
Does a Plaintiff have to amend or amend his complaint so that the amended complaint supersedes the original? (MultiRegion, United States of America)
If plaintiff chooses to amend the complaint, can the court refer to the prior pleading in order to make plaintiff's amended complaint complete? (MultiRegion, United States of America)
Is a plaintiff permitted to amend or amend his complaint to include new, unrelated claims in his second amended complaint? (MultiRegion, United States of America)
If Plaintiff decides to file an amended complaint, is the amended complaint supersided by the original complaint? (MultiRegion, United States of America)
If plaintiff decides to file an amended complaint, can the amended complaint supersede the current complaint? (MultiRegion, United States of America)
When a plaintiff files an amended complaint, can the court use the amended complaint to clarify the allegations in the original complaint? (MultiRegion, United States of America)
Does plaintiff have to amend or amend his complaint to include a new "buckshot" complaint? (MultiRegion, United States of America)
Does a plaintiff have to amend his complaint to include new unrelated claims in his amended complaint? (MultiRegion, United States of America)
In addition to an amended complaint, can a plaintiff refer to a prior pleading in order to make the amended complaint complete? (MultiRegion, United States of America)
