If a party wishes to add new parties or causes of action they should request leave of Court to add the new parties or causes of action in the event that the demurrer is sustained at the demurrer hearing. If they try to add new causes of action they risk another demurrer on that basis.
That is a critical distinction because a party who waits until after a demurrer hearing in which leave to amend is granted they can only amend those causes of action ruled upon at the demurrer hearing. And any part of the complaint may be changed without leave including the addition of new parties as plaintiff or defendant. One of the main statutes governing amending pleadings in California is Code of Civil Procedure section 472 which states that, “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.” The same rule also applies to cross-complaints.
Law authorizing amending pleadings in California. This blog post will discuss amending pleadings in California and the circumstances when leave to amend is required. Amending pleadings in California is the topic of this blog post. One of the main statutes governing amending pleadings in California is Code of Civil Procedure section 472 which states that, “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.Īmending pleadings in California.