California, United States of America
The following excerpt is from City of Tiburon v. Northwestern Pac. R. Co., 4 Cal.App.3d 160, 84 Cal.Rptr. 469 (Cal. App. 1970):
Application of the foregoing rule dictates that the allegations of the city's proposed amended complaint be considered as well as the averments found in the original complaint. (See, Burt v. Irvine Co., supra, 237 Cal.App.2d at p. 849, 47 Cal.Rptr. 392.)
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