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I want to amend my complaint & add 12 new causes of actions, by using the Relation-Back-Doctrine & want to know which ones I can

Santa Ana, CA |

I want to amend my original complaint and add 12 new causes of actions , by using the Relation - Back - Doctrine ( cause the statute of limitation have all expired ) , because it involves the same parties , same offending instrument , same injury , same circumstances , and same damages sought . These are the 27 new causes of actions I want to add : 1 . AIDING & ABETTING TO COMMIT FRAUD 2 . PREMISES LIABILITY 3 . BREACH OF QUIET ENJOYMENT 4 . PUBLIC NUISANCE CC 3480 5 . UNRULY CIVIL RIGHTS ACT 6 . ELDER ABUSE 7 . BREACH OF FIDUCIARY DUTY 8 . PERSONAL INURE 9 . NEGLIGENCE 10 . APPROPRIATION OF RIGHTS 11 . INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 12 . FRAUD AND CONSPIRACY TO COMMIT FRAUD - INTENTIONAL MISREPRESENTATION ; Fraud is a violation of KC §§ 1709 , 1710

Attorney Answers 3


(1) Is this a California case (because you refer to "KC §§ 1709 , 1710")? (2) Do you want to add 12 OR 27 new causes of action? And, (3) regardless of (1) and (2), under the relation back doctrine, if the new cause(s) of action is/are based on the same general set of facts as those in the original complaint, the amended complaint will relate back to the date of filing of the original complaint.

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Whether a claim is timely because of the operation of a relation back depends on the actions alleged to support that result. You've said nothing about the facts on which the alleged relation back would be considered valid or not. No meaningful comment can be offered in the absence of the facts that control the result here.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

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In California, you generally have the right to amend your complaint at any time, subject to filing a motion and getting leave from the court.
If your new causes of action are based on the same claims as your original causes of action, then you should be allowed to amend.
Your claims appear to be complicated. You should consult with a local attorney.

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