Can a third amended complaint be amended to avoid the statute of limitations bar?

California, United States of America


The following excerpt is from Scholes v. Lambirth Trucking Co., 10 Cal.App.5th 590, 216 Cal.Rptr.3d 794 (Cal. App. 2017):

amended to cure the defect of failing to file the action within the applicable limitations period. (Hendy v. Losse (1991) 54 Cal.3d 723, 742, 1 Cal.Rptr.2d 543, 819 P.2d 1.) Scholes fails to demonstrate how his third amended complaint could be amended to avoid the statute of limitations bar.

Other Questions


Does a plaintiff have to amend his second amended complaint to a third amended complaint? (California, United States of America)
What is the effect of amending a complaint to amend it to amend the original complaint? (California, United States of America)
What is the difference between a third amended complaint and a fourth amended complaint? (California, United States of America)
Can an amended complaint filed after the statute of limitations be deemed as of the date of the original complaint? (California, United States of America)
Can an amended complaint avoid the bar of the statute of limitations? (California, United States of America)
What is the test for a motion to amend the statute of limitations for an amended complaint? (California, United States of America)
How does the doctrine of relation back apply when an amended complaint adds a new defendant after the statute of limitations has expired? (California, United States of America)
How would a third amended complaint be amended to correct the defects discussed above? (California, United States of America)
Can a complaint be amended to substitute a new party in interest even after the statute of limitations has run? (California, United States of America)
Can a plaintiff avoid demurrer by pleading facts in an amended complaint that contradict or omit, harmful allegations pleaded in a previous complaint? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.