Does a wrongful dishonor cause of action have to be amended or amended for limitation purposes?
California, United States of America
The following excerpt is from Lee v. Bank of America, 218 Cal.App.3d 914, 267 Cal.Rptr. 387 (Cal. App. 1990):
8 Although the first amended complaint, which added the wrongful dishonor cause of action, was not filed until April 26, 1988, after the one year period, it relied upon originally pleaded facts and therefore related back to the original complaint for limitation purposes. (Smeltzley v. Nicholson Mfg. Co. (1977) 18 Cal.3d 932, 939, 136 Cal.Rptr. 269, 559 P.2d 624.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In a personal injury action, can plaintiffs amend or amend the elements of their cause of action? (California, United States of America)
What causes of action can a plaintiff bring in a common law cause of action for emotional distress and wrongful discharge? (California, United States of America)
Does the statute of limitations applicable to this cause of action, the Government Tort Claims Act, preclude a plaintiff from bringing an action against a governmental entity within the applicable statute of limitation? (California, United States of America)
In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
What are the consequences of failing to make a reasoned legal argument in a motion to amend and sustain a demurrer to any cause of action in the first amended complaint? (California, United States of America)
Is there any basis to amend or amend the Defendant's demurrers to the Plaintiff's cause of action? (California, United States of America)
For the purposes of res judicata, is appellant permitted to add new causes of action to the first action? (California, United States of America)
Can a plaintiff amend his fifth amended complaint to state a cause of action? (California, United States of America)
If a complaint does not state a cause of action, but there is a reasonable possibility that the defect can be cured by amendment, can leave to amend? (California, United States of America)
Can a plaintiff bring an inverse condemnation action against a governmental entity for damage caused to private property caused by a governmental action? (California, United States of America)
