Is a plaintiff's amended complaint for wrongful death related back to the original complaint?
California, United States of America
The following excerpt is from Bollinger v. Wolfgang Puck Catering, B265560 (Cal. App. 2017):
"[A]mendments alleging a new theory of liability against the defendant have been found to relate back to the original complaint, so long as the new cause of action is based on the same set [of] facts previously alleged. (See Grudt v. City of Los Angeles [(1970)] 2 Cal.3d [575,] at pp. 583-584 [amended complaint adding claim of negligence based on respondeat superior related back to original filing because it was based on the same alleged misconduct by police officers]; Lamont v. Wolfe [(1983)] 142 Cal.App.3d [375,] at pp. 378-380 [husband's amended complaint for wrongful death related back to original complaint for loss of consortium because both claims were based on the same negligent acts of the defendants and the same injuries to the husband].) Likewise, an amendment seeking new damages relates back to
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