San Diego Gas & Electric Co. v. Superior Court

Opinion

McINTYRE, J.

In this case we issued an order to show cause to address whether the relation-back doctrine applies to save the claims of an omitted heir whose wrongful death cause of action would otherwise have been barred by the statute of limitations. We conclude that the relation-back doctrine does not apply to the wrongful death claim. We also conclude that the trial court did not err in adding an additional plaintiff to a timely filed survivor cause of action and that the propriety of the addition could not be resolved at the pleading stage.

FACTUAL AND PROCEDURAL BACKGROUND

On January…