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
The following excerpt is from Weissman v. Lakewood Water & Power Co., 173 Cal.App.2d 652, 343 P.2d 776 (Cal. App. 1959):
When the city elected to file an amended complaint which was substantially the same as the original, to which a demurrer had been sustained, the motion to dismiss was in order. Neal v. Bank of America, 93 Cal.App.2d 678, 209 P.2d 825. The motion was granted without opposition. The city thereby elected to stand on its amended complaint.
"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 test for a motion to appeal a judgment of dismissal after a demurrer to the second amended complaint was sustained without leave to amend? (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)
Does a plaintiff have to amend his second amended complaint to a third amended complaint? (California, United States of America)
What is the test for dismissing a motion to dismiss a motion for summary dismissal? (California, United States of America)
What is the effect of amending a complaint to amend it to amend the original complaint? (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)
Does a motion for a "special" anti-SLAPP suit motion refer to "complaint" refer to an earlier complaint that had been amended to contain anti-free speech claims? (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 plaintiff Gray bring a motion to amend his Complaint to allow him to file a second amended complaint? (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)
