Legal Question in Civil Litigation in California

Which causes of actions (with expired S.O.L.'s) cannot be brought back using the Relation-Back Doctrine? .. I know Premises Liability and Medical Malpractice causes of actions cannot be brought back (after their S.O.L. has expired) using the relation-back doctrine, but what are other Causes of actions that cannot be brought back (given that all the prerequisites are met: same parties, same offending instrument, same set facts, same damages sought, etc.) when amending complaint.


Asked on 10/09/16, 12:16 pm

1 Answer from Attorneys

I have never heard of premises liability or medical malpractice claims being exempted from the relation back doctrine, nor any other cause of action being automatically exempt or barred. And I cannot find any authority for the idea that any cause of action can never be preserved by the relation back doctrine. Either an amended complaint relates back under the rules of the doctrine or it does not, regardless of the cause(s) of action involved.

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Answered on 10/11/16, 10:21 am


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