In fact, the Section only contemplated amendments of pleadings without leave of court in the context of answers and demurrers. You decided to amend, so you turned to Section 472 to calculate your deadlines but found Section 472 made no mention of motions to strike. Now, you’re left with two options: 1) oppose the motion or 2) amend your answer. Your opponent moves to strike your answer. For example, say you answered your opponent’s complaint.
Just over a month ago, if parties had a motion to strike filed against their pleading, they were left to figure out for themselves whether Section 472 applied in a situation where amending their challenged pleading was preferable to opposing a motion to strike.
However, that uncertainty was clarified this year when Section 472 of the Code was revised to expressly include motions to strike. Up until 2017, the California Code of Civil Procedure (“Code”) was unclear as to how one was to calculate deadlines for amending pleadings without leave of court within the context of motions to strike.
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