What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? CA
I filed an amended answer in my case I'm handling Pro Per. The only filings to this date have been the Complaint, Original Answer, and First Amended Answer. I received a copy of a "letter" the plaintiff's counsel sent the court Clerk citing CCP 430.40(b) and Bank of America vs. Goldstein (1938) 25 Cal.App.2nd. 37 saying I could ONLY have filed my amended answer without leave within 10 days of filing my original answer. He also requested to be "advised immediately" of what action the Court will be taking and that he requests that the filing be vacated.
I've read 430.40(b) and my interpretation is that it applies to plaintiffs demurring to answer.
The case cited above is one in which the defendant tried to file an amended answer THE DAY OF TRIAL, and, of course, it was denied as prejudicial to the plaintiff. In that opinion, the judges clearly state that the court should always allow such amendments "in the interest of justice", with some exceptions, none of which apply here (ie. no trial date has even been set, plenty of time for discovery, etc).
CCP 472 clearly states "Any pleading many be amended once by the party of course, and without court costs, at any time before the filing of the answer or demurrer, or after demurrer and before the trial of the issue of law theron, 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."
Am I wrong in my interpretation here?
Also, from the code HE cites, I get the impression (from reading further) that HE has 10 days to demur to my AMENDED answer. A simple letter is insufficient, i would think, to "object" to my filing an amended answer and request that my answer be "vacated". An actual Motion would need to be made to the Court on the matter and a hearing held.
Yes?
I filed an amended answer in my case I'm handling Pro Per. The only filings to this date have been the Complaint, Original Answer, and First Amended Answer. I received a copy of a "letter" the plaintiff's counsel sent the court Clerk citing CCP 430.40(b) and Bank of America vs. Goldstein (1938) 25 Cal.App.2nd. 37 saying I could ONLY have filed my amended answer without leave within 10 days of filing my original answer. He also requested to be "advised immediately" of what action the Court will be taking and that he requests that the filing be vacated.
I've read 430.40(b) and my interpretation is that it applies to plaintiffs demurring to answer.
The case cited above is one in which the defendant tried to file an amended answer THE DAY OF TRIAL, and, of course, it was denied as prejudicial to the plaintiff. In that opinion, the judges clearly state that the court should always allow such amendments "in the interest of justice", with some exceptions, none of which apply here (ie. no trial date has even been set, plenty of time for discovery, etc).
CCP 472 clearly states "Any pleading many be amended once by the party of course, and without court costs, at any time before the filing of the answer or demurrer, or after demurrer and before the trial of the issue of law theron, 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."
Am I wrong in my interpretation here?
Also, from the code HE cites, I get the impression (from reading further) that HE has 10 days to demur to my AMENDED answer. A simple letter is insufficient, i would think, to "object" to my filing an amended answer and request that my answer be "vacated". An actual Motion would need to be made to the Court on the matter and a hearing held.
Yes?