state court civil litigation (law and motion) questions
Posted: Thu Aug 10, 2017 9:37 pm
Assuming there is plenty of time before the hearing, wouldnt the amended
motion relate back to the original motion (so no issues with timeliness)?
On Aug 10, 2017 4:18 PM, "'Gary R. Wallace' garyrwallace@ymail.com
[cdcbaa]" wrote:
>
>
> Notice is the key. If you can file and serve the amended motion within
> the time limits, then you should be fine because you can then withdraw the
> original motion if you feel that appropriate. If the amendment is minor,
> perhaps an errata notice is fine. If not, and if service now would result
> in less than minimum notice, you would do better to withdraw and simply
> refile the amended motion as a new motion with a proper hearing date. Also
> check with the clerk to make certain that he/she understands what you have
> done (so that the judge rules on the correct document).
>
> Gary R. Wallace
> Law Office of Gary R. Wallace
> 10801 National Boulevard, Suite 100
> Los Angeles, CA 90064
> Email: garyrwallace@ymail.com
> Office: (310) 571-3511
>
>
> ------------------------------
> *From:* "Kirk Brennan kirkinhermosa@gmail.com [cdcbaa]" cdcbaa@yahoogroups.com>
> *To:* Cdcbaa Yahoo Listserv
> *Sent:* Thursday, August 10, 2017 3:54 PM
> *Subject:* [cdcbaa] state court civil litigation (law and motion)
> questions
>
>
> For those of you who do civil litigation in California state court:
>
> Is it ok to simply file an amended motion? Or is a motion for leave to
> amend required? Note this does not relate to amending the pleadings.
> Strictly law and motion issue (discovery dispute). I have reviewed the
> California Rules of Court and have not found the answer.
>
> Thank you,
>
> --
> Kirk Brennan
>
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Assuming there is plenty of time before the hearing, wouldnt the amended motion relate back to the original motion (so no issues with timeliness)?
The post was migrated from Yahoo.