PRETRIAL ADJUDICATION
...Pleading
......Amendments
.........Types
............Substitution of Parties
11 Cards On This Topic:

Prop 64 does not affect ordinary rules re amendment of complaints and their relation back; P may amend complaint to substitute new P to satisfy Proposition 64's amended standing requirements.

Amended standing provisions of Proposition 64 apply to cases already pending on its effective date.

P should be allowed to amend complaint to substitute the business entity that owns the restaurants P operates as proper party P, and demonstrate a lack of prejudice to Yelp from the amendment.

Foundation for Taxpayer and Consumer Rights suing under UCL should have been permitted to amend complaint to add or substitute P who met modified standing requirements resulting from Prop. 64.

Voluntary dismissal of named class rep did not effect dismissal of entire action; court retained jurisdiction to permit 2d amended complaint naming new rep.

P who mistakenly failed to include possible claim in bankruptcy estate should be granted leave to amend and substitute in bankruptcy trustee as RPI.

Amendment changing name of party after SOL has run allowed only if added P does not seek to enforce independent right such that nature of action is changed.

Amended complaint not barred by SOL under relation back where amendment merely stated P’s claims in capacity of his professional corp. and as individual.

Complaint cannot be amended after SOL has run to add a party not named as D in original complaint or designated by a fictitious D.

Amendment proper to substitute real party in interest for party lacking legal capacity.

Where substitution of party is merely to bring in correct party, which party has been assumed to be the real party in interest during proceedings, amendment is proper.