Legal Question in Civil Litigation in California
I have a civil case in California with multiple causes of action. One of them has a one year statute of limitations while the remaining ones have two years. Do all causes of action need to be filed at once or can I file on the one count and then later amend to include the other counts? Thanks!
3 Answers from Attorneys
Don't split your cause of action. File for everything up front, before the statute runs, otherwise you run into all sorts of problems later on down the road.
NO. File all now or lose those not filed.
Mr. Nelson's answer is not technically correct, but Mr. Roach is right that you just make problems for yourself by splitting your causes of action, because your amendment rights are limited. You can amend once as a matter of right before an answer is filed by any defendant. After an answer is filed an amendment can only be filed after getting court permission by filing a formal motion to amend. Permission can and will be denied if a defendant opposes is and can show that the delay in filing the new causes of action disadvantaged them in the case somehow or will delay the case on the previously filed causes of action. Conversely there is nothing possibly to be gained by purposely leaving out causes of action and filing them later.
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