Does an amended complaint that omits defendants named in the original complaint operate as a dismissal as to them?
California, United States of America
The following excerpt is from Tae Seog Lee v. Jong Yun Kim, 254 Cal.Rptr.3d 546, 41 Cal.App.5th 705 (Cal. App. 2019):
8 " [I]t has long been the rule that an amended complaint that omits defendants named in the original complaint operates as a dismissal ... as to them. " (Dye v. Caterpillar, Inc. (2011) 195 Cal.App.4th 1366, 1382, fn. 11, 125 Cal.Rptr.3d 890.)
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