Can a spouse amend or amend the causes of action of the other spouse?

California, United States of America


The following excerpt is from Shelton v. Superior Court, 128 Cal.Rptr. 454, 56 Cal.App.3d 66 (Cal. App. 1976):

Here the original claims filed by each spouse were silent with respect to any injury or damages suffered by reason of injury to the other. (See fn. 1, and part III below.) The motion to amend sought to link the newly asserted claim for damages for loss of consortium, not with that of the spouse asserting the claim, but with the causes of action already asserted by the other spouse for the physical injuries he or she suffered. We believe that Bartalo v. Superior Court was correctly decided and governs this case insofar as each spouse asserts that he or she is entitled to amend the causes of action asserted by the other.

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