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Date Posted: February 3, 2010 by patricia
Plaintiff filed Amened Complaint after the date of Aug. 7, 2009
California : Contracts : Pleadings
Replies:4
Views:13
The demurrer was sustained with leave to amend by August 7, 2009. We did a motion to dismiss for failure to file the Amended Complaint; however, Plaintiff's filed an Amended Complaint on November 12, 2009 and served Defendants 2 days prior to the hearing on the Motion to Dismiss. The Judge changed the ruling and did not dismiss. Now we need to file a Motion to Strike Late Filed Amended complaint. I found CCP 436b.
If there was a demur sustained and they did not file the amended complaint by the time set in the order, you might be able to use CCP 581(f). This might help: http://www.examplemotion.com/legaldoc/view.php/623
Was your demurrer granted and the court granted leave to file an amended complaint by August 7, 2009? Or was that the statute of limitations expiration? Thanks.
Hello patricia. This might be useful: http://examplemotion.com/legaldoc/view.php/126 I will keep looking, LE