Does the relation-back doctrine apply to an amended complaint that adds a new defendant?

California, United States of America


The following excerpt is from Constant v. City of Fontana, E068130 (Cal. App. 2018):

The relation-back doctrine is not applicable here. "The general rule is that an amended complaint that adds a new defendant does not relate back to the date of filing the original complaint and the statute of limitations is applied as of the date the amended complaint is filed, not the date the original complaint is filed." (Woo v. Superior Court (1999) 75 Cal.App.4th 169, 176.) Code of Civil Procedure section 474 provides for an exception. "[Code of Civil Procedure] [s]ection 474 allows a plaintiff who is ignorant of a defendant's identity to designate the defendant in a complaint by a fictitious name (typically, as a 'Doe'), and to amend the pleading to state the defendant's true name when the plaintiff subsequently discovers it. When a defendant is properly named under section 474, the amendment relates back to the filing date of the original complaint.

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