Can a plaintiff add new causes of action to the second amended complaint?

California, United States of America


The following excerpt is from Enterprises v. Bank of Am., B258574 (Cal. App. 2015):

The trial court sustained defendants' demurrers to four new causes of action included for the first time in the second amended complaint. "Following an order sustaining a demurrer . . . the plaintiff may amend his or her complaint only as authorized by the court's order. [Citation.] The plaintiff may not amend the complaint to add a new cause of action without having obtained permission to do so, unless the new cause of action is within the scope of the order granting leave to amend." (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023.) Plaintiffs have not pointed to any portion of the record demonstrating that they sought permission to add new causes of action after the court sustained the demurrer to the first amended complaint, that the court granted such permission or that the causes of action they added to the second amended complaint were within the scope of the order granting leave to amend. The trial court did not abuse its discretion in sustaining the demurrer to these causes of action.

Page 11

The judgment is affirmed. Respondents are awarded their costs on appeal.

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