Does a plaintiff have to amend or amend their complaint when they are dismissed with leave to amend?

MultiRegion, United States of America

The following excerpt is from Jackson v. Cal. Dep't of Corr. Med. Dep't, No. 2:13-cv-2308-JAM-CMK-P (E.D. Cal. 2015):

Plaintiff was previously informed that, as a general rule, an amended complaint supersedes the original complaint. See Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992). Thus, following dismissal with leave to amend, all claims alleged in the original complaint which are not alleged in the amended complaint are waived. See King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987). Therefore, if a plaintiff amends the complaint, the court cannot refer to the prior

Page 3

Other Questions


When a plaintiff files an amended complaint, can the court use the amended complaint to clarify the allegations in the original complaint? (MultiRegion, United States of America)
If plaintiff chooses to amend the complaint, is the amended complaint supers supersets the original complaint? (MultiRegion, United States of America)
If a plaintiff is dismissed with leave to amend, can the court refer to the prior pleading in their amended complaint? (MultiRegion, United States of America)
If plaintiff decides to file an amended complaint, can the amended complaint supersede the current complaint? (MultiRegion, United States of America)
If a plaintiff is dismissed with leave to amend, can the court refer to the prior pleading in her amended complaint? (MultiRegion, United States of America)
If plaintiff chooses to amend the complaint, can the court refer to the prior pleading in order to make plaintiff's amended complaint complete? (MultiRegion, United States of America)
If Plaintiff decides to file an amended complaint, is the amended complaint supersided by the original complaint? (MultiRegion, United States of America)
Is a motion to amend and dismiss an amended complaint without leave to amend? (MultiRegion, United States of America)
Does a Plaintiff have to amend or amend his complaint so that the amended complaint supersedes the original? (MultiRegion, United States of America)
Is a plaintiff permitted to amend or amend his complaint to include new, unrelated claims in his second amended complaint? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.