Ely A. Martell v. Trilogy Limited Trilogy Systems Corp.
Court of Appeals for the Ninth Circuit
1Opinion of the Court
CYNTHIA HOLCOMB HALL, Circuit Judge:
Ely A. Martell (“Martell”) appeals the district court’s order dismissing his complaint as time-barred. After the statute of limitations had expired, Martell attempted to amend his complaint to state a different theory of relief against Trilogy Limited and Trilogy Systems Corporation (collectively “Trilogy”). The district court concluded that this theory did not “relate back” to the original complaint and thus fell outside the statute of limitations.
I
Martell was a long-time client of Merrill, Lynch, Pierce, Fenner, and Smith, Inc. (“Merrill Lynch”). In 1981,…
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