PRETRIAL ADJUDICATION
...Pleading
......Amendments
.........Types
............Changing Legal Theory or Cause of Action
 13 Cards On This Topic:
  • May not amend complaint to plead entirely different cause of action when SOL has run, but mere change in amount of consideration payable under K is not change in cause of action.
  • Amendment attempting to state wholly different cause of action not allowed, but changing/adding person does not change cause of action.
  • Amendment substituting estate representative is not wholly different cause of action; power to allow amendment denied only if change made in liability to be enforced against D.
  • P may amend to plead that reasonable investigation at time she suspected wrongful cause of injury would not have shown factual basis for C/A against surgical equipment maker-SOL tolled until that time.
  • Design company seeking unpaid contract fees and not licensed as contractor could not amend complaint to make allegations which would have contradicted original pleadings.
  • Creditor cannot amend complaint to name assignee's attorney as a D and add C/A against attorney and assignee alleging attorney-client conspiracy to deplete assets of assignor corp.
  • Minor P may amend complaint to make truthful allegations sufficient to invoke equitable delayed discovery rule of accrual, under which his molestation claim would be deemed timely.
  • As P made no attempt to show complaint could have been amended to state title VII C/A, no amendment possible and trial court correctly denied leave to amend.
  • Court properly denied request to amend complaint where amendment altered theory of recovery and P had no evidence to raise triable issue of fact re basis of D's liability.
  • Plaintiff produced substantial evidence at trial to support its case and should be permitted to amend complaint according to proof.
  • Demurrer proper when amended complaint sought to restate cause of action so as to avoid exclusive remedy of workers’ comp. law and procedures.
  • Relation back applies if original and final amended complaints rest on same gen’l set of facts and refer to same action and injuries, even where amended complaint states different cause of action or legal theory.
  • Amendment to complaint not time barred if it merely sets forth new legal theory but does not set forth wholly new legal obligation on the part of D.


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