Can i include a motion to amend a complaint to add punitive damages(against a health care provider) and a motion to amend complaint for facts of causes of action in the same moving paper as one filing?
If none of the defendants have yet filed an answer, you don't need to make a motion for leave to amend. You can amend once as a matter of right, pursuant to Code of Civil Procedure section 472.
If you are making a motion for leave to amend the complaint, you should request all of your changes (facts to the causes of action and prayer for punitive damages) in the same motion.
Regardless of whether the plaintiff proceeds by way of stipulation or motion, the proposed amended complaint ought to indicate what is being added and what is being taken out. This is also a requirement under the California Rules of Court (CRC).
Specifically, CRC Rule 3.1324 (a) provides as follows:
"A motion to amend a pleading before trial must:
(1) Include a copy of the proposed amendment or amended pleading, which must be serially numbered to differentiate it from previous pleadings or amendments;
(2) State what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located; and
(3) State what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional allegations are located."
It is highly advisable to provide a "redlined" version of the amended complaint to make it easy to discern the additions and deletions.
The policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified: "If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend; and, where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or a meritorious defense, it is not only error but an abuse of discretion." (Morgan v. Sup.Ct. (1959) 172 Cal.App.2d 527, 530). Courts are bound to apply a policy of great liberality in permitting amendments to the complaint "at any stage of the proceedings, up to and including trial," absent prejudice to the adverse party. (Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761.)
It is possible to amend your Complaint to add additional facts and a new cause of action. If no defendant responded then you can file the amended complaint without a motion. If the defendant has responded it will be necessary for you to file a notice of motion with the declaration and points and authorities and proposed order. If it's your first amendment to the complaint the odds are very statistically high the Court will allow said amendment.
James Michael SlominskiIntellectual Property Law AttorneyLos Angeles, CA ·
While I cannot give you legal advice in this forum, as a general rule you can file a motion for leave to amend. You will need to add specific facts to justify punitive damages. Also, you need to check the rules because I believe there are special requirements for pleading punitive damages against a health care provider. See CCP 425.13 I believe, but am not positive.
Rebekah Ryan MainDivorce / Separation LawyerRancho Cucamonga, CA ·
Sure. But the standard to plead punitive damages is higher than to simply allege new facts.
Attorney Rebekah Ryan Main
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