Hodges v. Cnty. of Placer, No. C084020 (D3 Oct. 29, 2019)
Section 472 of the Code of Civil Procedure says:
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.
Affirmed.
Section 472 of the Code of Civil Procedure says:
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.
Plaintiff here tried to file a third amended complaint, without seeking leave, before Defendant responded to his second amended complaint. That, of course, ignores the word “once.” So the trial court struck the pleading and the Court of Appeal affirms.
Affirmed.