The statute only applies when an amended complaint is filed. The defendant shall answer the amendments, or the complaint as amended, within 30 days after service thereof, or such other time as the court may direct, and judgment by default may be entered upon failure to answer, as in other cases.” With regard to this apparent discrepancy, the appellate court stated: “ California Rules of Court, rule 3.1320(j) provides a 10-day filing period, while the statute provides a 30-day filing period. and a copy of the amendments or amended complaint must be served upon the defendants affected thereby. Code of Civil Procedure section 471.5, on the other hand states: “If the complaint is amended, a copy of the amendments shall be filed. On appeal, the plaintiff contended the defendant’s demurrer, filed 29 days after the second amended complaint was filed, was untimely because defendant had only ten days to file it pursuant to California Rules of Court, Rule 3.1320(j). In a wrongful termination action, the trial court sustained defendant’s demurrer.
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