Is a motion to amend a complaint when a defendant has defaulted open the complaint?
California, United States of America
The following excerpt is from Sass v. Cohen, 10 Cal.5th 861, 272 Cal.Rptr.3d 836, 477 P.3d 557 (Cal. 2020):
It is true that amending complaints in this fashion would open the default and give defendants another opportunity to respond. (See, e.g., Cole v. Roebling Constr. Co. (1909) 156 Cal. 443, 446, 105 P. 255 ["where, after the default of a defendant has been entered, a complaint is amended in matter of substance as distinguished from mere matter of form, the amendment opens the default, and unless the amended pleading be served on the defaulting
[10 Cal.5th 881]
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