What is the test for filing an amended complaint in a personal injury case?

MultiRegion, United States of America

The following excerpt is from Manter v. Fresno Police Dep't, Case No. 1:19-cv-01070-DAD-EPG (E.D. Cal. 2019):

with time to file an amended complaint curing the deficiencies identified above. See Lopez v. Smith, 203 F.3d 1122, 1126-30 (9th Cir. 2000). Plaintiff is granted leave to file an amended complaint within thirty (30) days, if he chooses to do so.

Plaintiff should note that although he has been given the opportunity to amend, it is not for the purpose of changing the nature of this lawsuit or adding unrelated claims. See George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007) (no "buckshot" complaints).

Plaintiff is advised that an amended complaint supersedes the original complaint, see Lacey v. Maricopa County, 693 F.3d. 896, 907 n.1 (9th Cir. 2012) (en banc), and must be complete in itself without reference to the prior or superseded pleading, see Local Rule 220. Therefore, in an amended complaint, as in an original complaint, each claim and the involvement of each defendant must be sufficiently alleged. The amended complaint should be clearly and boldly titled "First Amended Complaint," refer to the appropriate case number, and be an original signed under penalty of perjury.

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