Are there time limits on amending complaints

[MartyH]

What is the name of your state (only U.S. law)? California

The court trial for my complaint for three cause of action is scheduled to begin in two weeks. My complaint has a main cause of action and two other causes of action for (1) intentional infliction of emotional distress and (2) negligent infliction of emotional distress. I would like to know if I can legally and safely make a pre-trial motion to amend my complaint to keep the main cause of action and drop the other lessor two causes of action in order to shorten the time required for the court trial.

 

[tranquility]

Since California does not have a cause of action for negligent infliction of emotional distress (it's just negligence), you should be able to drop that one. You should be able to drop the other one as well, but why? Do you think you will lose on it and the other side will seek sanctions for malicious prosecution? Or is there a proper offer out there and you don't want to risk attorney fees?

 

[MartyH]

Thanks for your response.

The main cause of action for my complaint against the defendant is malicious prosecution. I've already met/exceeded my burden of proof for this cause of action, the defendant has admitted all of the material allegations, and has not offered any evidence to support his affirmative defense. My thinking on making a motion to amend to drop the other two causes at this late stage is that it will shorten the time required for trial to one day instead of three days. Since the courts already allow damages for the mental and emotional distress of having to defend against a complaint brought without probable cause, my thinking is there is no real advantage for me to pursue what now seems like redundant damages in this action.

My main concern about bringing this motion is the risk of leaving myself open to the court striking my entire complaint. Would I be putting my complaint at risk by doing this two weeks before the scheduled trial date?

 

[tranquility]

Unless your fears are related to what I said, don't worry about it. Each complaint is separate and stands on it's own.

 

[MartyH]

No, I have no fear that I will lose on the intentional infliction or negligence causes. I was looking for strategies for pre-trial motions to whittle the time for trial down to one day max.

Thanks for the input. Very helpful.