Does the relation-back rule apply to add an additional plaintiff?

California, United States of America


The following excerpt is from American Western Banker v. Price Waterhouse, 12 Cal.App.4th 39, 14 Cal.Rptr.2d 916 (Cal. App. 1993):

On the other hand, in Bartalo v. Superior Court (1975) 51 Cal.App.3d 526, 124 Cal.Rptr. 370, the plaintiff added in the amended complaint was not able to take advantage of the relation-back rule. In that case, a woman timely sued for personal injuries. After the statute of limitations ran, she attempted to add her husband as an additional plaintiff, alleging his loss of consortium. Because a new and different injury was consequently alleged, the husband's amended complaint did not relate back to the original complaint.

Page 922

Other Questions


Does the term "additional insured automobile" in the terms "regular use" apply to an additional insured automobile policy? (California, United States of America)
Does the doctrine of stare decisis apply to a plaintiff's application? (California, United States of America)
What is the test for determining whether a plaintiff has a bona fide reason for not being able to apply for disability benefits? (California, United States of America)
Does the doctrine of estoppel apply in a personal injury action brought by a plaintiff who suffered from interspousal disability? (California, United States of America)
Does a modification to plaintiff's liability in a medical malpractice case alter plaintiff's claim for personal injury? (California, United States of America)
What is the legal test for establishing that a plaintiff is entitled to the same procedural safeguards as a plaintiff? (California, United States of America)
Does the term "injured person" under section 3333.4 of the California Highway Code apply to plaintiffs who have not been injured by the accident? (California, United States of America)
What is the difference between a reasonable and unreasonable plaintiff and a reasonable plaintiff under a "reasonable implied assumption of risk" approach? (California, United States of America)
Does the doctrine of stare decisis apply to a plaintiff's application? (California, United States of America)
In a personal injury case, is a plaintiff entitled to damages from the other plaintiff? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.