Legal Opinion

Lamont v. Wolfe

California Court of Appeal

Decided April 26, 1983No. Civ. 66654PublishedCited by 17 opinions

1Opinion of the Court

Opinion

JOHNSON, J.

The issue in this appeal is whether an amended complaint for wrongful death filed by a husband after the statute of limitations had run relates back to a timely action by the husband for loss of consortium. We hold that the relation back doctrine applies under these circumstances.

Facts and Proceedings Below

The action was originally filed on May 12, 1978, by the current plaintiff and appellant, Ronald Lamont, and his wife, Berniece Lamont. They alleged that Bemiece Lamont was admitted to UCLA Hospital in May of 1977 for treatment of an illness, and that, as a proximate result…

2Cases cited18 opinions

  1. Order of Railroad Telegraphers v. Railway Express Agency, Inc.Supreme Court of the United States · 1944
  2. Rodriguez v. Bethlehem Steel Corp.California Supreme Court · 1974
  3. New York Central & Hudson River Railroad v. KinneySupreme Court of the United States · 1922
  4. Krouse v. GrahamCalifornia Supreme Court · 1977
  5. Van Beeck v. Sabine Towing Co.Supreme Court of the United States · 1937

13 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Amaral v. Cintas Corp. No. 2California Court of Appeal · 2008
  2. Citizens Ass'n for Sensible Development of Bishop Area v. County of InyoCalifornia Court of Appeal · 1985
  3. Sompolski v. MillerAppellate Court of Illinois · 1992
  4. Pointe San Diego Residential Community L.P. v. Procopio, Cory, Hargreaves & Savitch, LLPCalifornia Court of Appeal · 2011
  5. Ledger v. TippittCalifornia Court of Appeal · 1985

12 more not listed; retrieve them via the Exa API.

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