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Requesting leave to amend a pleading in California

by Stan Burman

Requesting leave to amend a pleading in California is the topic of this blog post.

Requesting leave to amend a pleading in California is authorized by Code of Civil Procedure sections 473(a) and 576 which both state in pertinent part that a court may, in the furtherance of justice allow a party to amend any pleading on any terms as may be proper. 

In most situations the pleading to be amended would be an answer, complaint or cross-complaint.

However there are specific requirements that must be followed when requesting leave to amend a pleading in California.

Any party in California requesting leave to amend must comply with the provisions of California Rule of Court 3.1324 or risk having their motion denied. Rule 3.1324 states that

“(a) Contents of motion

A motion to amend a pleading before trial must:

(1) Include a copy of the proposed amendment or amended pleading, which must be serially numbered to differentiate it from previous pleadings or amendments;

(2) State what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located; and

(3) State what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional allegations are located.

(b) Supporting declaration

A separate declaration must accompany the motion and must specify:

(1) The effect of the amendment;

2) Why the amendment is necessary and proper;

(3) When the facts giving rise to the amended allegations were discovered; and

(4) The reasons why the request for amendment was not made earlier.

(c) Form of amendment

The court may deem a motion to file an amendment to a pleading to be a motion to file an amended pleading and require the filing of the entire previous pleading with the approved amendments incorporated into it.

(d) Requirements for amendment to a pleading

An amendment to a pleading must not be made by alterations on the face of a pleading except by permission of the court. All alterations must be initialed by the court or the clerk.

Both the California Supreme Court and Courts of Appeal have stated in numerous decisions that permitting amendments in the furtherance of justice is to be liberally permitted at any stage of the proceeding

Liberal amendment of pleadings has been the established public policy of California since 1901.

The policy favoring leave to amend is so strong that amendment must be permitted unless the party opposing the motion can show meaningful prejudice which includes the running of the statute of limitations, a delay of the trial, the loss of critical evidence, or added preparation costs.

Unless a showing of meaningful prejudice is made by the party opposing the motion even delay alone is not necessarily a sufficient reason for denying leave to amend.

Attorneys or parties in California that wish to view a portion of a sample 11 page motion for leave to amend containing brief instructions, a memorandum of points and authorities, sample declaration and proof of service by mail sold by the author can use the link shown below.

Sample motion for leave to amend a pleading in California by Stan Burman on Scribd

 

Attorneys or parties in California that would like more information on a California law and motion document collection containing over 70 sample documents including a sample motion for leave to amend a pleading can use the link shown below.

https://legaldocspro.myshopify.com/collections/frontpage/products/california-law-and-motion-document-collection

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.

*Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit freeweeklylegalnewsletter.gr8.com/ for more information.  

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DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

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