What is the name of your state (only U.S. law)? CA
Plaintiff has filed what he is calling a "corrected" complaint, which is in actuality an amended complaint. (This was in response to my motion for sanctions, which allows him to withdraw or "otherwise correct" a challenged pleading.) He simply filed this with no leave of court, no notice, no required declaration, and it was improperly served.
Much to my surprise, the court almost fell over backwards accepting this as the new operative complaint, even though I objected on procedural grounds. However, the court even suggested that a motion to strike was the appropriate procedural next step. So I have filed this, and have a hearing coming up in a week or so.
I would like to understand the ramifications if my motion to strike is granted, because I am not getting a clear picture from cases I have reviewed. Since the current operative complaint would be stricken, would this fully dispose of the case? Or would the case simply revert back to the original complaint?
Thanks.
Plaintiff has filed what he is calling a "corrected" complaint, which is in actuality an amended complaint. (This was in response to my motion for sanctions, which allows him to withdraw or "otherwise correct" a challenged pleading.) He simply filed this with no leave of court, no notice, no required declaration, and it was improperly served.
Much to my surprise, the court almost fell over backwards accepting this as the new operative complaint, even though I objected on procedural grounds. However, the court even suggested that a motion to strike was the appropriate procedural next step. So I have filed this, and have a hearing coming up in a week or so.
I would like to understand the ramifications if my motion to strike is granted, because I am not getting a clear picture from cases I have reviewed. Since the current operative complaint would be stricken, would this fully dispose of the case? Or would the case simply revert back to the original complaint?
Thanks.