What is the test for admitting an amended complaint?
California, United States of America
The following excerpt is from Moradi-Shalal v. Fireman's Fund Ins. Companies, 201 Cal.App.3d 1122, 226 Cal.Rptr. 333 (Cal. App. 1986):
"For purposes of this appeal, those factual allegations of the [first amended] complaint which are properly pleaded are deemed admitted by defendant's demurrer." (Thompson v. County of Alameda (1980) 27 Cal.3d 741, 746, 167 Cal.Rptr. 70, 614 P.2d 728.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the effect of amending a complaint to amend it to amend the original complaint? (California, United States of America)
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)
Can plaintiff Gray bring a motion to amend his Complaint to allow him to file a second amended 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)
When a motion to dismiss an amended complaint has been granted, does the city have to stand on its amended complaint? (California, United States of America)
What is the test for a motion to amend a complaint to amend the complaint? (California, United States of America)
What is the difference between a third amended complaint and a fourth amended complaint? (California, United States of America)
What is the test for admitting all material facts properly pled in a second amended complaint? (California, United States of America)
Can a plaintiff avoid demurrer by pleading facts in an amended complaint that contradict or omit, harmful allegations pleaded in a previous complaint? (California, United States of America)
