If a plaintiff files an amended complaint that adds a new defendant, would that amendment be timely?

California, United States of America


The following excerpt is from Smalls v. Alta Bates Summit Med. Ctr. Surgery Prop. Co., A139472 (Cal. App. 2015):

Plaintiffs' amendment to their complaint would be timely if it related back to the original complaint's filing date. Generally, an amended complaint that adds a new defendant does not relate back to the original complaint's filing date and the statute of limitations applies as of the amended complaint's filing date and not the date the original complaint was filed. (Woo v. Superior Court (1999) 75 Cal.App.4th 169, 176.) There is an exception to that general rule when, under section 474, a new defendant is substituted for a fictitious Doe defendant named in the original complaint. (Woo, at p. 176.) If section 474's requirements are satisfied, an amended complaint substituting a new defendant for a Doe defendant is deemed filed on the date the original complaint was filed for statute of limitations purposes. (Austin v. Massachusetts Bonding & Ins. Co. (1961) 56 Cal.2d 596, 602.)

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