Motion for Leave to File Supplemental Pleading
(CA)

Summary

This template is a motion and notice of motion for leave to file a supplemental pleading in a civil action in California superior court. This template includes practical guidance and drafting notes. Cal. Code Civ. Proc. § 464(a) permits the plaintiff or defendant to move for permission to file a supplemental complaint or answer. The supplemental pleading must allege facts material to the case that occurred after the previously filed complaint or answer. The motion should comply with the general format and procedures applicable to noticed motions. See Cal. Rules of Ct., Rules 2.100 et seq., 3.1100 et seq. The motion must be accompanied by: • A notice of hearing on the motion • A copy of the proposed supplemental pleading • A supporting memorandum describing the new allegations and the impact, if any, they will have on the proceedings and setting forth the legal arguments and authorities supporting the request for leave to file the supplemental pleading See Cal. Rules of Ct., Rules 3.1112(a), 3.1113. It may also be supported by a declaration if needed to support any factual assertions. See Cal. Rules of Ct., Rules 3.1112(b), 3.1115 This template combines the motion and notice of motion into a single document, which is a common practice. Some attorneys prefer to also include the memorandum in the same document, which is generally permitted as long as the caption of the combined document separately specifies which documents are included. See Cal. Rules of Ct., Rule 3.1112(c). Any declarations supporting the motion should be a separate document. For a more detailed discussion on supplemental pleadings, including whether the pleadings can relate back to the original pleadings, see Amending or Supplementing Pleadings (CA). File the motion and accompanying papers with the court and serve them on all other parties who have appeared in the case within the time provided for other noticed motions, generally 16 court days before the hearing date. Cal. Code Civ. Proc. §§ 1005(b), 1010.6(a)(4)(B) (for electronic service); see Cal. Rules of Ct., Rule 3.1300(a); Cal. Code Civ. Proc. § 1014. For additional discussion of filing and service procedures, see Filing and Serving Documents Other Than Initial Complaint and Summons (CA). Note that if a motion to file a supplemental complaint is granted, the plaintiff will file the complaint and obtain an amended or supplemental summons from the clerk under Cal. Code Civ. Proc. § 412.10. At that time, the plaintiff must serve the supplemental summons and complaint in the same manner as the initial summons and complaint. Cal. Code Civ. Proc. § 464(c); Cal. Code Civ. Proc. § 413.10 et seq. For a discussion on serving a summons, see Commencing a Lawsuit: Serving Process (CA). For a full listing of key content covering motion practice in California state court litigation, see Motion Practice Resource Kit (CA). For a full listing of key content covering fundamental civil litigation tasks throughout a California state court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (CA). For full discussion of the procedures and format requirements for noticed motions generally, including requirements for the supporting memorandum, see Motion Practice: Drafting, Serving, and Filing Noticed Motions (CA). See also Formatting Rules in Court Checklist (CA). For hearing procedures on noticed motions, see Motion Practice: Oral Argument and Post-decision Procedure (CA).