What is the legal test for an amended pleading?

MultiRegion, United States of America

The following excerpt is from Diunugala v. JP Morgan Chase Bank, N.A., CASE NO. 12cv2106-WQH-NLS (S.D. Cal. 2014):

amended pleading is filed. See Netbula v. Distinct Corp., 212 F.R.D. 534, 539 (N.D. Cal. 2003) ("Ordinarily, courts will defer consideration of challenges to the merits of a proposed amended pleading until after leave to amend is granted and the amended pleading is filed.").

Other Questions


What is the test for a motion to amend a pleading where no request has been made to amend the pleading? (MultiRegion, United States of America)
Does a pro se action seeking leave to amend a pleading with intent to amend the pleading? (MultiRegion, United States of America)
What is the impact of Rule 11 sanctions if a pleading or pleading is frivolous, legally unreasonable or without factual foundation? (MultiRegion, United States of America)
What is the effect of an order requiring a plaintiff to amend or amend a claim in a motion to amend? (MultiRegion, United States of America)
Can a plaintiff plead to make an amended complaint complete without referring to a prior pleading? (MultiRegion, United States of America)
Does the date of the Registrar's decision on a motion of objection to a motion to amend and amend the terms of an application to amend the application? (Canada (Federal), Canada)
Can a plaintiff refer to a prior pleading in order to make an amended pleading complete? (MultiRegion, United States of America)
Can Plaintiffs amend their pleadings in a motion to amend after defendants have filed motions to dismiss? (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)
In what circumstances will a pleading in a motion be amended or amended? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.