Can an amended complaint to describe the execution date of a contract be brought before the statute of limitations?
California, United States of America
The following excerpt is from Calderon v. Bank of N.Y. Mellon, B263854 (Cal. App. 2016):
predicated on the statute of limitations merely by amending the complaint to describe the contract's execution date in less precise terms. (Kenworthy v. Brown (1967) 248 Cal.App.2d 298, 302-303.) In such cases, a court "may examine the prior complaint to ascertain whether the amended complaint is merely a sham." (Id. at p. 302.)
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