Can a plaintiff withdraw a cause of action for rescission from the corrected first amended complaint?
California, United States of America
The following excerpt is from Hidalgo v. Kazi Foods, Inc., B247488 (Cal. App. 2014):
Plaintiff asserted a cause of action for rescission in his original complaint, the first amended complaint, and the corrected first amended complaint. After defendants' demurrer to the corrected first amended complaint was sustained, with leave to amend, plaintiff thereafter failed to include a rescission cause of action in any of his subsequently filed amended complaints. He accordingly abandoned his rescission cause of action and forfeited any claim of error with regard to that cause of action. (Cochran v. Cochran
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