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state court civil litigation (law and motion)
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). rd, Suite 100Los Angeles, CA 90064Email: garyrwallace@ymail.comOffice: (310) 571-3511
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To: Cdcbaa Yahoo Listserv
Sent: Thursday, August 10, 2017 3:54 PM
Subject: [cdcbaa] state court civil litigation (law and motion) questions
:
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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