Jones v. Wilton

Plaintiff appeals from a judgment entered for defendant on the ground that plaintiff’s claim to recover the sum of $20,000 was barred by the statute of limitations. The trial court rendered judgment for defendant on the theory that the action was brought too late for the reason that the amended complaint set up a new cause of action. Otherwise the amended complaint would be deemed filed as of the date of filing of the original complaint. (Work v. County Nat. Bank & Trust Co., 4 Cal. (2d) 532 [51 Pac. (2d) 90]; Bowman v. Wohlke, 166 Cal. 121, 128 [135 Pac. 37, Ann. Cas. 1915B, 1011]; Frost v.…