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Plaintiff files breach of contract claim and defendant

answers with affirmative defense based...
Plaintiff files breach of contract claim and defendant answers with affirmative defense based on mutual mistake and asserts counterclaims for reformation and unjust enrichment. Court grants reformation. But now plaintiff has an equitable unjust enrichment claim for losses incurred in consideration for the original contract. How is this handled? Does Plaintiff file new action? Amended complaint? Or must a new claim or counter-counterclaim be filed when answering the reformation claim?
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Answered in 5 minutes by:
6/24/2017
Ray
Ray, Lawyer
Category: Legal
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Here you would file Plaintiff's First Amended Complaint and add it to the existing suit.You may have to motion for leave of court to amend.Amendment is freely granted and court should grant this motion and allow you to amend the pleadings.These are your nest steps a motion for leave to amend and then amending the petition to add this cause of action.This will allow you to have it heard all at once in the trial on the merits of your case.

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Customer reply replied 11 months ago
Very good thanks. Follow on. What happens if you find out after filing a complaint that you have additional possible causes of action? Is it too late to amend?

No you just motion for leave of court to amend the complaint.These are freely granted, it would be Plaintiff's First Amended Complaint here once the leave is granted.Shouldn't be a problem..

Ray
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