What is the test for determining whether an amended complaint is barred by the statute of limitations?
California, United States of America
The following excerpt is from Bate v. Marsteller, 232 Cal.App.2d 605, 43 Cal.Rptr. 149 (Cal. App. 1965):
The pretrial conference order stated in effect that among the issues to be tried were those raised by the first amended complaint, and whether the cause of action set forth therein was barred by the statute of limitations. Defendants contend that the court erred in proceeding on the cause of action alleged in the amended complaint inasmuch as it found that action to be barred by the statute of limitations. The trial court was following the pretrial order. 'The pretrial conference order controls the subsequent course of the litigation and supersedes the pleadings where inconsistent with them unless modified at or before trial.' (Oliver v. Swiss Club Tell,
Page 159
7. Exemplary damages.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
