What is the propriety of seeking a ruling that the answer to the original complaint should stand as an answer to an amended complaint?
California, United States of America
The following excerpt is from Bristol Convalescent Hospital v. Stone, 258 Cal.App.2d 848, 66 Cal.Rptr. 404 (Cal. App. 1968):
[258 Cal.App.2d 864] The propriety of seeking a ruling that the answer to the original complaint should stand as an answer to the amended complaint before the time for answer had expired was recognized in the early case of Mulford v. Estudillo, 32 Cal. 131, 136. Defendants here had ample opportunity to make such a request. Their counsel was twice before the court on plaintiff's motion for leave to amend, the second time when the motion was taken under submission; he was also served with notice that the motion had been granted.
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