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Ely
Ely, Counselor at Law
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Do I need a court date 1st prior to filing a motion for 120days

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Do I need a court date 1st prior to filing a motion for 120days leave to amend a civil complaint in Los Angeles Superior court? This is a legal malpractice case with over 1000 pages of documentation that must be reviewed by a legal expert witness and legal malpractice firm.
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

Can you please tell me if the other party (i.e. the Defendant) has already filed their answer to the complaint?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

I have received only 1 defendants response.There are 7 defendants. All defendants were served by a process server from 5/242013 to 6/10/2013.

Expert:  Ely replied 1 year ago.
Thank you for your clarification, friend.

According to Code of Civil Procedure Section 472 et seq, a party may amend its complaint once in due course without prior permission if the Defendant has not filed an answer.

We fall into a bit of a quandary here. Here, you have seven Defendants. One has responded, the others have not - what does Code of Civil Procedure Section 472 state about that? Well, it is somewhat silent. And of course one cannot amend the complaint for just SIX of the Defendants but leave it for the one that has answered as is.

So what to do? Attorneys as pro se parties - out of an abundance of caution - then prefer to file a Motion for Leave and have it heard by the Court to get prior permission to modify the complaint. Instead of wrangling with a lacking statutory code and guessing what the Judge will say once something is done, the party simply prefers to get permission prior to modifying - period. This way, everything is on the up and up, so to speak, and there is no chance of the Judge denying something here. Most Judges have no issues granting a Motion for Leave to Modify as long as is not abused.

Ergo:

Do I need a court date 1st prior to filing a motion for 120days leave to amend a civil complaint in Los Angeles Superior court?

Yes. At least, it is the best way to go about doing so. One would file a Motion for Leave to Amend, file it, get a court date, and serve all other parties, and then have a quick hearing to have the Judge allow the modification, and then do so.

I hope this helps and clarifies. Best of luck.

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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86625
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 6 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Thank you....

Expert:  Ely replied 1 year ago.
You are very welcome. Good luck, and please don't forget to rate my answer in one of top three faces and then SUBMIT – it is the only way I get credit for my time with you – or, please REPLY to keep on chatting – I want you to be satisfied.

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