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Patrick, Esq.
Patrick, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 12500
Experience:  Attorney with significant personal injury experience
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I am the plaintiff that is suing my X lawyer who was my

Customer Question

I am the plaintiff that is suing my X lawyer who was my fiancé for violence. I filed the complaint but did not serve him. The first CMC is today. I did not serve my X because the complaint needs to be amended with new complaint items. I was told I am allowed
by law a 1 time right to move the CVC without service to a defendant. I need the case code for that so I don't get striker out or the judge does not know what've making about Pkease advise ASAP It's today
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

The code section you are looking for is Code of Civil Procedure section 472, which states:

"Any pleading may be amended once by the party of course, and without costs, at any time before the answer or demurrer is filed, or after demurrer and before the trial of the issue of law thereon, by filing the same as amended and serving a copy on the adverse party,and the time in which the adverse party must respond thereto shall be computed from the date of notice of the amendment."

Note, however, that you can still amend your complaint once an answer or demurrer has been filed. You simply need to file a motion to do so. Such motions are almost always granted unless the motion is being brought shortly before trial. So, it's not like this is your only chance to ever amend the complaint.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

Customer: replied 1 year ago.
That's not my question
I filed the complaint and did not serve him 30 days before today.
In California I have a one time chance to move the 1st case management without serving the defendant but I must show up.
I will today and ask for an extension based on what code. That's my question
Expert:  Patrick, Esq. replied 1 year ago.

Thank you for clarifying.

There is no law that entitles a plaintiff to postpone the CMC because the complaint has notyet been served. In fact, the law requires the plaintiff to serve the complaint within 60 days of filing it unless the plaintiff can demonstrate "good cause" for failure to do so. So, the law would not permit a plaintiff to benefit from their own violation of this rule by pushing back the CMC because they have not yet served the complaint. In fact, one of the very core functions of the CMC is to determine what progress has been made on the litigation, and one of the very issues the CMC will examine is why a complaint has not yet been served if indeed that is the case.

The rules do provide a limited ability to reschedule CMCs, though. Here's what the court says:

Parties desiring to reschedule a CMC, notwithstanding the above, are to either:

1) File and serve a stipulation executed by all parties and appear ex parte in the trial court; or

2) File a fully-noticed motion with the trial court requesting the CMC be rescheduled.

Here, your only option would be to file a noticed motion, which you would have needed to do several weeks in advance of the CMC. So, at this point, you really just have to show up at the CMC and explain why the complaint has not yet been served and what you are doing to advance the case. Since you are pro se, it is unlikely that you will be sanctioned for failing to to serve the complaint within 60 days. Most likely, an order to show cause will be scheduled at some point in the next few weeks at which you will be asked to explain why you still have not served the complaint if you do not file a proof of service by the hearing date for the OSC.

I hope this clarifies things. If I can provide any further assistance just let me know.

Expert:  Patrick, Esq. replied 1 year ago.

Were you able to view my answer?

Customer: replied 1 year ago.
I need a malpractice lawyer
Have one call me in the am
It's urgent and I'm ready to hire one
Look at my last notes whereby you folks advised me to get one. I'm ready
Please read notes from about a month ago when I paid the first time and the advise given
Expert:  Patrick, Esq. replied 1 year ago.

Thank you. I was not the attorney who assisted you previously, that was a completely separate question and transaction so I cannot comment on what was said to you then.

If you would like to speak to a malpractice lawyer, here is a directory where you can locate one but I cannot call you or direct another lawyer to call you as that would be a violation of the terms of the site.

Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service so that I may receive credit for assisting you.

Very best wishes.

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