In what circumstances will a plaintiff bring a new cause of action against a defendant after the statute of limitations expired?
California, United States of America
The following excerpt is from Applied Med. Corp. v. Thomas, A145867 (Cal. App. 2017):
discovery and prepare a defense to the claims that were later refined and augmented in the [SAC]." (Ibid.; see also Smeltzley v. Nicholson Mfg. Co. (1977) 18 Cal.3d 932, 934-935 [relation back doctrine applied where the plaintiff added a new cause of action against a different defendant after the statute of limitations expired].)
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