how to AMMEND an ANSWER?

What is the name of your state?
CA

Filed and ANSWER, was advised one can ammend an answer, have been unable to find anything, including official government websites.

Searched all form titles with "answer" and "ammend" in their titles, was unable to find them.

Thank you

antoagaint said:

What is the name of your state?
CA

Filed and ANSWER, was advised one can ammend an answer, have been unable to find anything, including official government websites.

Searched all form titles with "answer" and "ammend" in their titles, was unable to find them.

Thank you

Click to expand...

My response:

You may, as the defendant, amend your answer once "of course" (without leave of court). If plaintiff has demurred to the answer, such amendment can be made before the hearing on plaintiff's demurrer. [Ca Civ Pro § 472].

Just title the new answer as, "First Amended Answer" - - then file it, and have it served. Remember to attach your new Proof of Service form to the Amended Answer, and it, too, should state "First Amended Answer" on it where indicated.

IAAL

Your efforts are appreciated IAAL

IAAL -

I believe this is the post that originally inspired me to file my amended answer (ie. through your post I found out I could file one without leave). However, if you'll see my new post in the Civil Litigation forum, plaintiff's counsel is saying I only had 10 days to file my "amended" answer after filing my "original" answer. I researched and came to a different conclusion myself, but wanted some confirmation (through my post).

Ive been reading alot of your posts and you seem very knowledgeable. I'm sure the laypeople in this forum appreciate the time and energy you put out to answer some of their questions. I know at times it may be frustrating for you as I saw in another post of yours where some people may not understand what you're telling them and/or have the funds to do anything about it (it was in a post regarding a woman whos boyfriend abtained a default judgement against her, etc.)

I just wanted you to know, while some of us have no legal training, I absolutely have the ability to follow any advice and/or the capability to research it. I did consult with an attorney on my case (see threads) and he gave me erroneous advice (ie. He told me I should file a Motion to Dismiss for lack of jurisdiction/Motion for change of venue, as the dollar amount I was sued for in Superior Court was >$5000. He said the Small Claims Court had jurisdiction. In my research at the law library though, it specifically states that the Superior Court has jurisdiction and a transfer of venue would be improper and denied. It says it can go from small claims TO Superior, but not the other way, if originally filed in Superior Court.) Anyways, I paid the guy for that advice which didn't help and he was a bankruptcy/civil attorney. Not only that, but once I found out his advice was wrong, i called him and left him a voicemail saying that his advice was wrong and I'd be happy to explain why, so he could avoid giving erroneous advice to future clients. I was not mad or anything, just wanted to see if the guy even CARED that his advice was bad. I'm sure I wasn't much interest to him as he knew I was only there for advice on how to proceed Pro Per, but I didn't want to lie to the guy and get his hopes up that i would retain him.

Sorry for the ramble. Keep up the good work. It's appreciated.