What is the effect of amending a complaint to amend it to amend the original complaint?

California, United States of America


The following excerpt is from 167 E. William, LLC v. Blessings, H040164 (Cal. App. 2016):

6. We note that it is immaterial whether we would have concluded, if we were presented with the issue in the first instance like the trial court, that amending the complaint was proper. (Branick v. Downey Savings & Loan Assn. (2006) 39 Cal.4th 235, 242.)

7. Appellants briefed both of these issues in a motion for a judgment on the pleadings.

Other Questions


Does a plaintiff have to amend his second amended complaint to a third amended complaint? (California, United States of America)
Can a plaintiff amend their second amended complaint to correct the defects of the original complaint? (California, United States of America)
Does an amended complaint need to include an amended version of the allegations contained in the original complaint? (California, United States of America)
How do you avoid a demurrer by filing an amended complaint suppressing facts which proved fatal to the original complaint? (California, United States of America)
Is a plaintiff's amended complaint for wrongful death related back to the original complaint? (California, United States of America)
Is a plaintiff required to amend her complaint to include issues that arise after the original complaint has been filed? (California, United States of America)
What is the difference between a third amended complaint and a fourth amended complaint? (California, United States of America)
Can a plaintiff avoid demurrer by pleading facts or positions in an amended complaint that contradict those in the original complaint? (California, United States of America)
What is the effect of an amendment to Proposition 36 of the California Constitution requiring the Attorney General to produce a copy of the law where the law is amended or amended? (California, United States of America)
What is the difference between an amended complaint and the original complaint? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.