How would the Court treat a motion to dismiss the first two counts of a sexual assault allegation?

(Claim, tab 14 at exhibit C.) ¹ Appellee would not be prejudiced if the appellant were allowed to proceed on those two counts because the " 'there was [not] a complete shift in allegations ... involving ... acts or omissions at different times or by different persons than those described in the claim.' " Blair v. Superior Court, 218 Cal.App.3d 221, 226 (3d Dist.1990). I believe the majority errs by affirming the decision of the district court to dismiss the first two counts of the complaint. I would reverse and permit those causes of action to be adjudicated on the merits.