Does the relation-back doctrine apply when a petition is amended after the statute of limitations period has run?
California, United States of America
The following excerpt is from Alliance for the Prot. of the Auburn Cmty. Env't v. Cnty. of Placer, 154 Cal.Rptr.3d 653, 215 Cal.App.4th 25 (Cal. App. 2013):
The plaintiff in Garrison v. Board of Directors (1995) 36 Cal.App.4th 1670, 43 Cal.Rptr.2d 214 requested leave to amend his petition after the statute of limitations period had run to add an individual plaintiff, a member of the originally named unincorporated association that lacked the capacity to sue. The court found the relation-back doctrine applied, since the proposed change was of form and not substance. ( Id. at p. 1678, 43 Cal.Rptr.2d 214.) The relation-back doctrine does not apply in this case.
Finally, in McCormick v. Board of Supervisors (1988) 198 Cal.App.3d 352, 243 Cal.Rptr. 617, the court considered what constituted a request for hearing under Public Resources Code section 21167.4. The court noted no
[215 Cal.App.4th 34]
"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.
