Can an amended complaint avoid the bar of the statute of limitations?
California, United States of America
The following excerpt is from S. J. Amoroso Constr. Co. Inc v. Knecht, No. B214595, No. CIV 238173 (Cal. App. 2010):
An amended complaint relates back to the filing of the original complaint and thus avoids the bar of the statute of limitations if recovery is sought in both pleadings on the same general set of facts, seeks relief for the same injuries, and refers to the same instrumentality. (Norgart v. Upjohn Co., supra, 21 Cal.4th at pp. 408-409.)
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