Legal Question in Civil Litigation in California

In Superior Court of California (Civil) jurisdiction, can the relation-back doctrine bring back a Fraud cause of action after the Statute of Limitations had passed, as long is its the same parties, same offending instrument, same damages sought.


Asked on 11/13/12, 11:58 am

2 Answers from Attorneys

Yes, IF the relation back doctrine really applies, which it rarely does when you want it to.

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Answered on 11/13/12, 12:43 pm
Anthony Roach Law Office of Anthony A. Roach

The relation back doctrine applies in two circumstances.

First, when a party amends a complaint to add a new theory, the statute of limitations will not bar a new legal theory, provided that the legal theory relates back to any causes of action asserted in the original complaint. This is generally based on the "same transaction or occurrence."

Second, when a party asserts a cause of action in a cross-complaint, the statute is governed by the filing of the original complaint, if the cross-complaint relates back to the original complaint. Again, the test here is whether it is the same transaction or occurrence.

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Answered on 11/14/12, 9:47 am


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