California, United States of America
The following excerpt is from Moberg v. Codianne, H038250 (Cal. App. 2014):
The omission of a properly noticed motion for leave to amend the first amended complaint is fatal to Moberg's contentions on appeal under the statutory provisions for amendment of previously amended pleadings. Section 4722 provides that a plaintiff may amend a pleading without leave of court before an answer or demurrer is filed. (Leader v. Health Industries of America, Inc. (2001) 89 Cal.App.4th 603, 612 (Leader).) After a demurrer has been sustained, the pleading may be amended only with permission of the court. ( 473, subd. (a)(1); see Leader, supra, at pp. 612-613.)
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