You amend a complaint by filing an amended complaint. Call it “First Amended Complaint.”
But first understand these rules.
When Can I Amend The Complaint?
A plaintiff can amend the complaint once without court permission 1) before an answer, demurrer or motion to strike is filed; 2) after a demurrer or motion to strike is filed, but before the demurrer or motion to strike is heard by the court, if the amended complaint is filed and served before the last day to file an opposition to the demurrer or motion to strike. CCP § 472.
Basically, you can amend the complaint once as a matter of right. But you must do it before the defendant files a responsive pleading. Or you must do it before the due date for an opposition to a demurrer or motion to strike.
You can, however, amend the complaint after those deadlines if the defendant stipulates. CCP § 472.
How To Add Or Delete Parties?
The court may allow a plaintiff to amend the complaint “by adding or striking out the name of any party…” CCP § 473(a)(1).
You can make this change via ex parte. Or you may be able to make the change by stipulation.
Some courts have judicial forms you can use to add or delete a party’s name. Here is a form from San Diego.
You have to amend the complaint if you’re adding Doe defendants. CCP § 474. You can make this change via ex parte or stipulation. Most courts have judicial forms you can use. Again, see this form from San Diego.
Do I Need A Noticed Motion To Amend?
Possibly. It’s called Motion for Leave to Amend.
You need to file and serve a noticed motion if 1) an answer has been filed; 2) a demurrer has been heard; or 3) you have already amended the complaint as a matter of right; 4) you cannot get a stipulation from counsel. CCP § 472.
California law is liberal when it comes to amending a complaint.
Evan Walker
La Jolla AttorneyEvan W. Walker is a La Jolla attorney who has practiced law since 2008. He has practiced law throughout California, Connecticut, and Louisiana.
Evan worked for and defended insurance companies during the first 7 years of his practice. Since 2015, he has represented people with personal injury and property damage claims and insurance disputes.
Evan's practice is devoted to serious personal injury claims and catastrophic property damage claims. Areas of focus include security claims against bars and other businesses, government tort claims, fire and flood claims, and inverse condemnation. On behalf of clients, Evan has fought insurance firms, international companies, cities, bars, and casinos.
Evan regularly shares his expertise with other attorneys by teaching courses on insurance and inverse condemnation. He has taught several continuing legal education courses to Attorney Credits, a nationwide CLE company, and ProLawCLE, another nationwide CLE company. He also contributes to various podcasts and publications.
Associations:
- Member, State Bar of California
- Member, San Diego Bar Association
- Member, Consumer Attorneys of California
- Member, Consumer Attorneys of San Diego
- Member, La Jolla Bar Association
- Member, La Jolla Village Merchants Association
- Member, San Diego Chamber of Commerce
