I am a plaintiff Pro Per in a law suit. The defendants filed a demurrer against my complaint requesting no leave to amend. Can I still amend my complaint before the hearing date in court of the demurrer?
Answer
You are a plaintiff in pro per. Whoop-ti-do. You can amend your complaint, but if you don't know what you're doing, and it sounds like you don't, their next demurrer will be sustained without leave to amend, you'll lose the case, and if you're like most pro pers you'll go away whining about the unfairness of it all.
Answer
You can amend, once without leave of court, before the hearing on the demurrer, if the demurrer is to your original complaint. If the demurrer is to an amended complaint, that has already been amended, you are going to have to get leave to amend.
I suggest you speak to an attorney prior to amending your complaint, to do it right. Some attorneys are willing to offer "coaching" to pro per litigants on a limited basis, for reasonable fees.
Answer
Yes, you may amend your complaint if you agree with the demurrer. If you do not agree with their contentions, then you should oppose it.
Answer
Yes, you may amend once before the demurrer is heard. Often, the demurrer educates a plaintiff as to what should be included in the amended complaint. If you want to contact me directly, perhaps I can give you some pointers on ways to make the complaint demurrer-proof.
Answer
If you have not already amended, then yes you can file a First Amend Complaint without leave of court. You get that right only once and it is often used by attorneys as well as pro pers. But there are a lot of things to consider and everyone is right you should at least consult with an attorney about the case. Typically demurrers are set out a few months so hopefully you have some time... use it wisely.
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