Legal Question in Civil Rights Law in California
I, YOLANDA, filed a Breach of Written Contract last year against my Homeowner's association cause I tripped and fell on an uneven sidewalk a little less than 4 years ago. In the pleadings, I plead some of the contract terms (that I pay association dues, that the HOA is to maintain the property up to code, CCR's, etc., that the HOA was the vendor), BUT I accidently put my son's name on that contract terms on the pleading and not mine (but the the rest of the complaint has my name, YOLANDA, as the plaintiff and throughout the rest of the complaint), and now defendants demurred and say that I'm not a party to the contract, and that my son is, so now they say I dont have a claim againt the HOA, cause my name is not on the contract terms, but they admit that my name is on other parts of the lawsuit.
I know that I can file a Notice of Errata to correct that mistaken name.
But, I later plan on amending the complaint to add a couple of causes of actions (that relate to the origanal complaint with same parties, same offending instrument,same damgages sought, same etc.), that have statute of limitations expired, using the relation-back-doctrine.
My question is, if I file a Notice of Errata, will the amendment of the complaint using the relation back doctrine be affected negatively or somehow demurred/striken out by Defendants, cause I recently filed a Notice of Errata.
1 Answer from Attorneys
I do not see how any notice of errata that you file would affect the "relation back" doctrine.
It may make sense for you to amend the complaint now, add your additional claims, and fix the error in the complaint. The amended complaint will moot the demurrer and save you the time and energy of filing an opposition.
I suggest you contact an attorney to assist you. Many will work on a limited-scope basis to handle questions and other specific tasks while you litigate the rest of the case yourself. It sounds like you have already made one mistake -- you cannot afford to make mistakes in litigation, as they will cost you an enormous amount of time, energy, and money. In addition, some mistakes cannot be corrected.
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