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  1. #1
    Join Date
    Nov 2011
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    Los Angeles
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    Default Does Amending a Complaint Change the Time for Seeking a Default Judgment

    My question involves an eviction in the state of: CA

    So yesterday I filed my UD-100 for an eviction. Today I relized I mistyped one of the digits in the address. This raises a few quick questions on how I go about fixing this.

    1) I understand I need to file another UD-100. Do I fill in the form completely but this time check the "Amended Complaint" box and mark it as Amendment number 1? Or do I just fill in the one box I made the error in?

    2) I understand that I need to then reserve the amended complaint. Do I also reserve it with a copy of the Summons? A copy of the Exhibits?

    3) After I reserve, does this Restart the clock for how long the Defendents have to respond (5 or 15 days depending upon service)? Or do I still get to use the old timer that started yesterday?

    Note: Defendent has yet to file an Answer and I honestly doubt they will. I just want to make sure I don't delay the eviction process any longer.

  2. #2
    Join Date
    Sep 2005
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    98,830

    Default Re: Does Amending a Complaint Change the Time for Seeking a Default Judgment

    Amendment of a complaint restarts the clock for answering the complaint, based upon the date of service. Otherwise a plaintiff could sandbag a defendant with a huge, complicated amended complaint at the last moment before default. If a defendant has appeared you can serve by first class mail; if not, and I expect that they have not appeared based upon your questions about default, you need to have them personally served. My personal approach would be to serve additional copies of supporting documents - even when not necessary it helps avoid claims that "I didn't get them" or "I got confused" (even when pro se litigants aren't confused, some of them get lawyers who insist that everything about the case was incredibly confusing to them).

    Although there are circumstances in which one might amend a complaint without filing an entire, new complaint to replace the original, this isn't the sort of case where such an approach would make sense, and it would likely both complicate the case for you and create confusion for the other party. I'm not sure where you're going with "do I just fill in the one box" - are you asking if your amended complaint should contain no information whatsoever except for the corrected address?

  3. #3
    Join Date
    Feb 2010
    Location
    CT & IL
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    5,273

    Default Re: Does Amending a Complaint Change the Time for Seeking a Default Judgment

    No need to serve a new summons ... just serve the new complaint and request to amend complaint....

    Its a new complaint, replacing the old entirely. Include exhibits.

    Has the opposing party filed an appearance? This may be of importance regarding the need for a summons now thinking about it.

  4. #4
    Join Date
    Nov 2011
    Location
    Los Angeles
    Posts
    48

    Default Re: Does Amending a Complaint Change the Time for Seeking a Default Judgment

    Thank you for the reply. I actually was able to figure it out after sitting down and thinking it through for awhile. Your logic is what similar to what I concluded. Luckily I was able to have them personally served again.

  5. #5
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Does Amending a Complaint Change the Time for Seeking a Default Judgment

    Quote Quoting LAWwaldo
    View Post
    Thank you for the reply. I actually was able to figure it out after sitting down and thinking it through for awhile. Your logic is what similar to what I concluded. Luckily I was able to have them personally served again.
    Good luck in your suit !

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