Is a condominium association permitted to substitute two of its members as plaintiffs as plaintiffs in a class action after the running of the statute of limitations?

California, United States of America


The following excerpt is from Guenter v. Lomas & Nettleton Co., 140 Cal.App.3d 460, 189 Cal.Rptr. 470 (Cal. App. 1983):

Jensen v. Royal Pools, supra, 48 Cal.App.3d 717, 121 Cal.Rptr. 805, is merely an example of the latter principle. (Id., at p. 721, 121 Cal.Rptr. 805.) An action was commenced by an unincorporated association of condominium owners; a subsequent case held that such associations had no standing to sue; an amendment relating back was permitted to substitute as plaintiffs two owners as individuals and as representatives of the class. The case does not stand for the proposition that an amendment should be permitted to add numerous new plaintiffs, each with his or her own independent cause of action, after the running of a statute of limitations.

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