What is the test for a motion to extend time to amend plaintiff's pleading?

California, United States of America


The following excerpt is from Shaw v. Nations Title Co. of Cal., B251553, c/w B252789 (Cal. App. 2015):

We conclude that the trial court did not act arbitrarily when it determined that because the time to amend plaintiff's pleading had lapsed well prior to the hearing on his request to extend that time, plaintiff was required to file an appropriate motion to be relieved from that default under the authority of Code of Civil Procedure section 473, subdivision (a) prior to extending the time within which plaintiff could amend. (See e.g., Leader v. Health Industries of America, Inc., supra, 89 Cal.App.4th at p. 613.) Because plaintiff did not make such a motion, the trial court did not abuse its discretion by denying the motion to extend time and granting the ex parte applications of certain of the demurring defendants to dismiss the first amended complaint under Code of Civil Procedure section 581, subdivision (f)(2). Those dismissal orders are therefore affirmed.

Other Questions


When a plaintiff has been granted leave to amend and elects not to file an amended pleading, what is the effect of the amended pleading? (California, United States of America)
What is the test for a motion to amend a motion where a plaintiff has been found to have suffered from a defect in their motion? (California, United States of America)
What is the test for sustaining a motion to amend a motion where the motion is sustained without leave to amend? (California, United States of America)
Can a motion to amend or renew the terms of a previous motion be considered as a renewal or amendment to the first motion? (California, United States of America)
Can a plaintiff who has been denied leave to amend a motion to amend or amend a claim for damages be affirmed on any ground supported by the record? (California, United States of America)
What is the test for a motion to amend a pleading to amend the pleading? (California, United States of America)
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
What is the test for affirming a motion to amend a motion where the motion is sustained without leave to amend? (California, United States of America)
In what circumstances will a court order that a motion to amend a motion brought by a plaintiff be amended? (California, United States of America)
Can a plaintiff's pleading be amended to cure the defects in a third amended 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.