California, United States of America
The following excerpt is from Wong v. Glendale Adventist Med. Ctr., B270492 (Cal. App. 2018):
The first amended complaint abandoned the fraud claim (as well as the wrongful death claim based on the same facts), and asserted only the survivor claim under the Act. (Carrasco v. Craft (1985) 164 Cal.App.3d 796, 808 [a material amendment of a complaint that "change[s] the cause of action, or add[s] a new one . . . constitutes an abandonment of the original issues"].) The fraud claim was then reasserted in the second and third amended complaints based on essentially the same facts as originally pled.
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