What is the test for making a Second Amended Complaint?

MultiRegion, United States of America

The following excerpt is from Espino v. Arnold, No. 2:17-cv-2198 KJM AC P (E.D. Cal. 2020):

A Second Amended Complaint will supersede the previous complaints, Lacey v. Maricopa County, 693 F.3d 896, 915 (9th Cir. 2012), and therefore must include all claims and allegations including those previously found by the court to be sufficient to state a claim for relief. An Amended Complaint must be written or typed so that it so that it is complete in itself without reference to any earlier filed complaint. Local Rule 220.

A Second Amended Complaint must identify as defendants only persons who personally participated in a substantial way in depriving him of a federal constitutional right. Johnson v. Duffy, 588 F.2d 740, 743 (9th Cir. 1978) (a person subjects another to the deprivation of a constitutional right if he does an act, participates in another's act, or omits to perform an act he is legally required to do that causes the alleged deprivation).

Page 9

Other Questions


Is a plaintiff permitted to amend or amend his complaint to include new, unrelated claims in his second amended complaint? (MultiRegion, United States of America)
In a motion for an amended complaint, can the court refer to a prior pleading to make plaintiff's second amended complaint complete? (MultiRegion, United States of America)
If plaintiff chooses to amend the complaint, can the court refer to the prior pleading in order to make plaintiff's amended complaint complete? (MultiRegion, United States of America)
When a plaintiff files an amended complaint, can the court use the amended complaint to clarify the allegations in the original complaint? (MultiRegion, United States of America)
If Plaintiff decides to file an amended complaint, is the amended complaint supersided by the original complaint? (MultiRegion, United States of America)
If plaintiff chooses to amend the complaint, is the amended complaint supers supersets the original complaint? (MultiRegion, United States of America)
If plaintiff decides to file an amended complaint, can the amended complaint supersede the current complaint? (MultiRegion, United States of America)
In addition to an amended complaint, can a plaintiff refer to a prior pleading in order to make the amended complaint complete? (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)
Is a plaintiff permitted to amend or amend his complaint to include new, unrelated claims in the original complaint? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.