What is the test for an amended complaint alleging liability under section 820.2 of the Government Code?

California, United States of America


The following excerpt is from Stearns v. Los Angeles County, 275 Cal.App.2d 134, 79 Cal.Rptr. 757 (Cal. App. 1969):

3 In addition to the problems, referred to above, of liability under section 820.2 of the Government Code, and obvious problems as to the measure of damages, any amended complaint must be so framed as to fall within the limits of the claim filed by plaintiff with the county and incorporated by reference (as Exhibit A) in the complaint now before us. (Cf. Connelly v. State of California (1969) 273 Cal.App.2d ---, ---, 78 Cal.Rptr. 524.) b

b. 273 A.C.A. 898, 903.

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