What is the effect of an amendment to the original pleading in relation to relation back?
MultiRegion, United States of America
The following excerpt is from Sierra Club v. Penfold, 857 F.2d 1307 (9th Cir. 1988):
It is also the prevailing view that an amendment which changes the legal theory on which a action initially was brought is of no consequence to the question of relation back if the factual situation out of which the action arises remains the same and has been brought to the defendant's attention by the original pleading.
Id. Cf, Schiavone v. Fortune, 477 U.S. 21, 28-32, 106 S.Ct. 2379, 2384-86, 91 L.Ed.2d 18, 27-29 (1986).
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