What is the test for an amended complaint in a medical malpractice case?
California, United States of America
The following excerpt is from Wooden v. Wooden, B266851 (Cal. App. 2016):
3. When an amended complaint attempts to avoid the defects of a prior complaint by ignoring them, the court may examine the prior complaint to ascertain whether the amended complaint is a "sham." (Larson v. UHS of Rancho Springs, Inc. (2014) 230 Cal.App.4th 336, 343-344.) If the plaintiff fails to explain the new complaint's inconsistencies with a prior complaint, the court may disregard the inconsistent allegations and is not "'"bound to accept as true allegations contrary to factual allegations in former pleading in the same case."'" (Ibid.)
4. Statutory references are to the Code of Civil Procedure.
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