Legal Opinion
Wiener v. Superior Court
California Court of Appeal
Decided May 19, 1976No. Civ. 47519PublishedCited by 16 opinions
1Opinion of the Court
Opinion
FILES, P. J.
The question to be decided is whether a notice of motion for leave to amend a complaint, accompanied by a proposed pleading of a second and distinct cause of action not previously pleaded, stops the running of the statute of limitations as to the cause pleaded for the first time in the amendment. We have concluded that under the facts of this case the action on the second cause was “commenced” when the notice of motion was filed, thereby stopping the running of the statute.
On February 6, 1975, petitioners (hereinafter plaintiffs) filed in the superior court a complaint…
2Cases cited11 opinions
- Wennerholm v. Stanford University School of MedicineCalifornia Supreme Court · 1942
- Austin v. Massachusetts Bonding & InsuranceCalifornia Supreme Court · 1961
- Grudt v. City of Los AngelesCalifornia Supreme Court · 1970
- Bank of America National Trust & Savings Ass'n v. Superior CourtCalifornia Supreme Court · 1942
- Nathanson v. Superior CourtCalifornia Supreme Court · 1974
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Santamarina, Guiller v. Sears RoebuckCourt of Appeals for the Seventh Circuit · 2006
- Sullivan v. Pulitzer Broadcasting Co.Supreme Court of Missouri · 1986
- Laraway v. Pasadena Unified School DistrictCalifornia Court of Appeal · 2002
- Schneider v. United Airlines, Inc.California Court of Appeal · 1989
- Barrows v. American Motors Corp.California Court of Appeal · 1983
11 more not listed; retrieve them via the Exa API.