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I'm Lucy, and I'd be happy to answer your questions today.
What state are you in? Is your case in state or federal court?
Thank you. Let me go find the rule for you, and I'll be back in a few minutes.
There's noting in the Code of Civil Procedure that explicitly says that. What are you trying to accomplish?
The Amended Complaint replaces the original Complaint - that's why it's filed as a separate document. The Answer to the Amended Complaint replaces the original answer. Neither the original Complaint nor the original Answer is of any effect once an Amended Complaint is filed. The judge isn't going to look at the information in those documents when deciding the case.
The CCP don't address this. It's not the type of thing the Legislature would think to codify, because it's inherent in what an amended complaint IS. There would be no point in filing an Amended Complaint if it didn't replace the original. But the closest CCP section would be 471.5, which says that a party can file a copy of the amendments, but the judge may require them to file an entire new document instead.
Also, since the judge entered Summary Judgment on the original complaint, I don't see how they can argue that the original Complaint is still in effect.
The Amended Answer replaces the first one, even though the Amended Complaint was identical.
Yes. It's two names for the same document.
There's no rule of court or CCP. Again, that's inherent in what an Amended Complaint is. I've never seen someone file an Amended Complaint, then argue that the first one still was in effect, and I don't think it occurred to the Legislature that someone might.
Extensive case law research is beyond the scope of this site. I managed to find a third circuit court of appeals case, but that's not California, so you could look at some of the arguments, but it's not binding authority.
You're welcome. Good luck.
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