QUESTION

Is there ever a reason to wait to file an amended complaint? I'm plaintiff, Def. has filed a demurrer set for Oct. why wait? it cancels their demurrer

Asked on May 15th, 2017 on Business Litigation - California
More details to this question:
One attorney wanted to wait. I want to give them all they need to settle in July. I wou]ant to go ahead and file it this month.
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1 ANSWER

Business Litigation Attorney serving Oakland, CA
Partner at Bay Oak Law
3 Awards
You are correct that filing an amended complaint voids the demurrer hearing. However, if you are intending to resolve the case, there's no need to file anything new before the resolution. Focus on those negotiations, and if they don't work out, then file the amended complaint and get started.
Answered on May 16th, 2017 at 9:48 AM

This answer does not mean I am your lawyer. No attorney-client relationship exists. This response is for general information only.

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