A party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike is filed.
The pleading may be amended if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike.
Upon stipulation by the parties a party may amend the pleading after the date for filing an opposition to the demurrer or motion to strike.
Leave of court to amend a complaint or cross-complaint may be sought at any time. CCP § 473(a)(1). See Los Angeles County SmartRules™ procedural guide: MOTION FOR LEAVE TO AMEND PLEADING.
Amended Complaint Rules
If the complaint is amended, a copy of the amendments shall be filed, or the court may, in its discretion, require the complaint as amended to be filed. CCP § 471.5.
A proposed amendment or amended pleading must be serially numbered to differentiate it from previous pleadings or amendments. CRC 3.1324(a) (renumbered eff 1/1/07).
The court may deem a motion to file an amendment to a pleading to be a motion to file an amended pleading and require the filing of the entire previous pleading with the approved amendments incorporated into it. CRC 3.1324(c) (renumbered eff 1/1/07).
A plaintiff ignorant of the name of a defendant may amend the pleading by completing and submitting to the court the form entitled "Amendment To Complaint Section 474 C.C.P." found on the court's Forms page.
Every cause of action must include a statement of facts in ordinary and concise language. CCP § 425.10 (a)(1). Concise statements of the essential elements that must be pleaded for most causes of action can be found in the California Civil Jury Instructions ("CACI").
Common counts do not require fact pleading and include "For money had and received," "For goods sold and delivered," "For work and labor done," "For materials furnished," and "On an open book account." Caselaw authority holds that the essential elements of a common count are indebtedness in a certain sum, consideration and nonpayment.
Each separately stated cause of action, count, or defense must specifically state:
(1) Its number (e.g., “first cause of action”);
(2) Its nature (e.g., “for fraud”);
Exhibits may be attached and incorporated by reference. Caselaw authority holds that exhibits are part of the pleading.
Every Amended Complaint must include a demand for judgment. CCP § 425.10(a)(2). The amount of money sought to be recovered must be stated, unless the action is to recover actual or punitive damages for personal injury or wrongful death. CCP § 425.10(a)(2) and (b). In a personal injury or wrongful death case, the amount of the damages must not be stated, unless the action is a limited civil case. CCP § 425.10(b). Default judgments cannot exceed "the amount demanded in the complaint." CCP § 580. Customarily, prayers for general and special damages and attorneys' fees and/or interest and costs are stated separately.
A claim for punitive damages must not state the amount of damages sought. Civ. Code 3295 (e) . Caselaw authority holds that a claim for punitive damages requires specific factual allegations that show that defendant acted with oppression, fraud or malice.
The procedure for seeking punitive damages on a default judgment is provided by Code Civ. Proc. § 425.115. CCP § 425.115.
Verified complaints are required for certain causes of action.
Actions based on certain statutes require appropriate venue allegations.
Short cause cases are governed by CRC 3.735.
California Code of Civil Procedure now covers time-limited demands for causes of action and claims covered under automobile, motor vehicle, homeowner, or commercial premises liability insurance policies for property damage, personal or bodily injury, and wrongful death claims. See CCP § 999-999.5.
To allow for arbitration of the plaintiff's claim, the California Rules of Court civil case management rules do not apply to a case designated by the court as "uninsured motorist" until 180 days after the designation. CRC 3.712.
Collections cases are governed by CRC 3.740 (amended eff 1/1/09).
Format of Papers
An amended pleading must bear a caption indicating that it is an amended pleading and be serially numbered to differentiate the amendment from previous amendments. CRC 3.1324(a) (renumbered eff 1/1/07).
Every pleading must set forth the name of the court and county in which the action is brought and the title of the action. CCP § 422.30(a)
Below the title of the court, in the space to the left of the center of the page, must appear the title of the case. In the title of the case on each initial complaint or cross-complaint, the name of each party must commence on a separate line beginning at the left margin of the page. On any subsequent pleading or paper, it is sufficient in the title of the case to state the name of the first party on each side, with appropriate indication of other parties, and state that a cross-action or cross-actions are involved, if applicable. CRC 2.111(4) (amended eff 1/1/17)
Plaintiff may name "Doe" defendants and allege in the body of the complaint or cross-complaint that the plaintiff is ignorant of the true names of the defendants sued by fictitious names, and that such names are fictitious. CCP § 474. Caselaw authority holds that the complaint or cross-complaint must also allege that the Doe defendants were liable for the acts upon which the complaint or cross-complaint was brought.
NEW RULE AMENDMENTS EFFECTIVE JANUARY 1, 2024
A limited civil case must be designated as such in the caption. CCP § 422.30 (b)
Where the caption erroneously fails to designate a limited civil case, the court may, on motion or sua sponte, so classify the case and order plaintiff to pay the costs and fees of reclassification. CCP § 403.040 (a) & (c)
Judicial Council Official Form Complaints are available for many types of actions. The forms are available on the court's Forms page.
Every paper filed with the court must be signed by the attorney or unrepresented party submitting the paper. The signer's address and telephone number must be included. With the exception of discovery papers, the signature constitutes certification pursuant to Code of Civil Procedure § 128.7. CCP § 128.7.
See Los Angeles County SmartRules™ procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS.
California Rule of Court 3.20 states that the Judicial Council preempts local court rules relating to pleadings, demurrers, ex parte applications, motions, discovery, provisional remedies, and form and format of papers. No trial court shall enact or enforce any local rules concerning these fields and all such local rules are null and void unless otherwise permitted or required by a statute or California Rule of Court. CRC 3.20 (amended eff 1/1/15)
Blank summons forms are available from the clerk and on the court's Forms page. Summons must be directed to each defendant, signed by the clerk, issued under the seal of the court and served on each defendant. CCP § 412.20 et seq.
"After payment of all applicable fees, the plaintiff may have the clerk issue one or more summons for any defendant. The clerk shall . . ." provide a copy of each summons issued to the plaintiff. CCP § 412.10.
"After a summons has been served on a person, proof of service of the summons must be filed "unless the defendant has previously made a general appearance." CCP § 417.30.
A Summons is necessary for new defendants.
The plaintiff must serve a copy of the ADR information package on each defendant along with the complaint. Cross-complainants must serve a copy of the ADR information package on any new parties to the action along with the cross-complaint. CRC 3.221 (c) (amended eff 1/1/16).
Duty to Provide Notice
A party must serve and file a Notice of Related Case whenever a party in a civil action knows or learns that the action or proceeding is related to another action or proceeding pending, dismissed, or disposed of by judgment in any state or federal court in California. CRC 3.300(b) (renumbered and amended eff 1/1/07).
Definition of Related Case
The Notice must be served on all known parties in each related action or proceeding. CRC 3.300(a) (renumbered eff 1/1/07). Within ten (10) days of service of a Notice of Related Case, a party may serve and file a response in support or in opposition to the Notice. CRC 3.300(d) (renumbered eff 1/1/07).
Under CRC 3.300(h)(3), the provisions in LASC LR 3.3 (f)(3) do not apply in cases that have been designated as complex by the parties, or determined to be complex by the court. LASC LR 3.3 (f)(4) (amended eff 7/1/22).
Where one of the cases listed in a Notice of Related Cases has been assigned to a Complex Litigation department, the judge in the Complex Litigation department shall determine whether the cases will be ordered related and assigned to the Complex Litigation department. LASC LR 3.3 (f)(1) (amended eff 7/1/22).
A civil case that is not complex may be transferred to the court from a superior court in another county if it involves a common question of fact or law. The coordination motion shall be made in compliance with the procedures established by . LASC LR 3.3 (h) (amended eff 7/1/22).
Within ten (10) days of service of a Notice of Related Case, a party may serve a response in support or in opposition to the Notice. CRC 3.300(d) (amended eff 1/1/08).
A party must not dismiss and then refile a case for the purpose of obtaining a different judge. Whenever a case is dismissed by a party or by the court prior to judgment and a new action is later filed containing the same or essentially the same claims and the same or essentially the same parties, the new action will be assigned, to the judge to whom the first case had been assigned. When multiple cases involving the same or essentially the same claims, and the same or essentially the same parties, are filed on the same date, the cases shall be assigned to the judge to whom the low numbered case (or first filed case) has been assigned, whether or not that case has been dismissed. LASC LR 3.3 (d) (amended eff 7/1/22 ) .
Duty of Counsel
Every counsel in the second action referred to in subdivision (d) above, must immediately bring the fact of the dismissal and refiling to the attention of the court. Counsel for plaintiff or cross-complainant (if the earlier action is renewed in a cross-complaint) must do so at the time that pleading is filed. Counsel for all other parties must do so upon their first appearance, or as soon thereafter as they discover the facts. The notice must be given in a “Notice of Related Case” as provided in CRC 3.300. LASC LR 3.3 (e) (amended eff 7/1/22 ) .
All pleadings subsequent to the complaint must be filed with the court, together with proof of service upon opposing parties or their counsel. CCP § 465.
Proof of Service
As used in the California Rules of Court, "proof of service" means a declaration stating that service has been made as provided in the California Rules of Court. If the proof of service names attorneys for separately represented parties, it must also state which party or parties each of the attorneys served is representing. CRC 1.21(c) (amended eff 1/1/07).
The Los Angeles County Fee Schedule is online.
Electronic filing is required in some jurisdictions for certain types of actions, and is available but optional for some types of documents in other jurisdictions. For specific up to date information regarding the availability and requirement of electronic filing, and for information regarding traditional and facsimile filing procedures, See Los Angeles County SmartRules™ procedural guide: FILING DOCUMENTS.
Electronic Filing--Not Available At All Locations
Consult the filing clerk for the applicable court location to learn if electronic filing is available at that location.
Upon electronic filing of a complaint, petition, or other document that must be served with a summons, a trial court, upon request of the party filing the action, shall issue a summons with the court seal and the case number. The court shall keep the summons in its records and may electronically transmit a copy of the summons to the requesting party. Personal service of a printed form of the electronic summons shall have the same legal effect as personal service of an original summons. CCP § 1010.6 (e)(5).
Copies of all pleadings subsequent to the complaint must be served upon the adverse party or his attorney. CCP § 465
A copy of the amendments or amended complaint must be served upon the defendants affected thereby. CCP § 471.5(a)
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