(a) A party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike. A party may amend the pleading after the date for filing an opposition to the demurrer or motion to strike, upon stipulation by the parties. The time for responding to an amended pleading shall be computed from the date of service of the amended pleading.
§ 472.Time For Amending Pleading By Party of Course
Title 6. Of the Pleadings In Civil Actions · Chapter 8. Variance—Mistakes in Pleadings and Amendments · Last amended 2021 · Last verified July 28, 2026
In one sentenceSection 472 lets a party amend a pleading once without leave of court before an answer, demurrer, or motion to strike is filed, or afterward if the amendment is filed and served by the opposition deadline; later amendments need a stipulation, and the section excludes anti-SLAPP motions under § 425.16.
Full Text of § 472
Plain-English Summary
Section 472 is the primary amendment-as-of-right rule: it lets a party amend a pleading once without asking the court’s permission. That right runs any time before an answer, demurrer, or motion to strike has been filed against it. It also survives a little longer than that — if a demurrer or motion to strike has already been filed, the party may still amend as of right, as long as the amended pleading is filed and served no later than the deadline for opposing that demurrer or motion to strike.
Once that opposition deadline passes, the automatic right ends. A party can still amend after that point, but only by stipulation between the parties. When an amended pleading is filed, the clock for responding to it restarts from the date the amended pleading was served.
The one-time amendment right does not apply to a special motion to strike under § 425.16 — California’s anti-SLAPP statute — which follows its own separate procedural track.
Frequently Asked Questions
How many times can I amend a pleading without asking the court?
Section 472 allows one amendment as of right, available any time before an answer, demurrer, or motion to strike is filed, or afterward if the amendment is filed and served by the deadline to oppose that demurrer or motion to strike.
What if I miss the deadline to amend as of right?
After the deadline for opposing a filed demurrer or motion to strike has passed, § 472 requires the parties to stipulate to any further amendment.
Does the one-time amendment right apply to an anti-SLAPP motion?
No. Section 472(b) states the section does not apply to a special motion brought under § 425.16.
Amendment History
Amended by Stats 2020 ch 36 (AB 3364),s 19, eff. 1/1/2021. Amended by Stats 2017 ch 273 (AB 644),s 3, eff. 1/1/2018. Amended by Stats 2015 ch 418 (SB 383),s 2, eff. 1/1/2016.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: amend complaint as of right californiaamendment before demurrer heardone amendment without leave of court