Code of Civil Procedure § 472

Amendment of pleading as of course; Special motion exception

(a) 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 but before the demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike. A party may amend the pleading after the date for filing an opposition to the demurrer or motion to strike, upon stipulation by the parties. The time for responding to an amended pleading shall be computed from the date of service of the amended pleading.

(b) This section shall not apply to a special motion brought pursuant to Section 425.16.

History

Enacted 1872. Amended Code Amdts 1873–74 ch 383 § 59; Stats 1933 ch 744 § 31; Stats 1951 ch 1737 § 56, operative January 1, 1952; Stats 1972 ch 73 § 3, effective May 15, 1972, operative July 1, 1972; Stats 1977 ch 1257 § 13, effective October 3, 1977; Stats 1983 ch 142 § 4; Stats 2015 ch 418 § 2 (SB 383), effective January 1, 2016, repealed January 1, 2021. Stats 2017 ch 273 § 3 (AB 644), effective January 1, 2018, repealed January 1, 2021; Stats 2020 ch 36 § 19 (AB 3364), effective January 1, 2021.

CCP 472