What is the effect of a court's refusal to permit the filing of a second amended complaint?

California, United States of America


The following excerpt is from M. G. Chamberlain & Co. v. Simpson, 173 Cal.App.2d 263, 343 P.2d 438 (Cal. App. 1959):

1 By voluntarily filing the third amended complaint and electing to stand on it until after judgment was entered, plaintiffs waived any claim of error in the refusal to permit the filing of the second amended complaint. Metzenbaum v. Metzenbaum, 86 Cal.App.2d 750, 751-752, 195 P.2d 492. The motion after entry of the judgment for permission to file the identical second amended complaint called on the court to repeat or overrule the former ruling on the same facts and the order made after the judgment was entered placing the motion to file the second amended complaint off calender is not appealable. Litvinuk v. Litvinuk, 27 Cal.2d 38, 44-45, 162 P.2d 8.

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