Legal Question in Civil Litigation in California
Statute of Limitations - Lawsuit
Which is the date I should properly be using for determining if a lawsuit is past the statute of limitations:
1) The date the lawsuit was filed, (Dec 28, 2008) even though proper service wasn't performed (improper service on Jan 27 2009)
2) The date of the AMENDED complaint (Jan 19 2009) even though proper service wasn't peformed (improper service on Jan 27 2009)
3) The date of the amended complaint (Jan 19 2009) AND AFTER PROPER service was confirmed and filed with the court? (March 9 2009)
It makes or breaks the plaintiff's lawsuit.
2 Answers from Attorneys
Re: Statute of Limitations - Lawsuit
What matters is the date on which the original complaint was filed. If the amended complaint added any new causes of action, those claims might get the new date while the original claims keep the original date. The date of service is irrelevant to whether the lawsuit is timely.
Re: Statute of Limitations - Lawsuit
If the amendant complaint relates facts included in the original complaint then the amended complaint is deemed filed the date of the filing of the original complaint. If the case was not dismissed, then service is not relevant. Contact me directly.
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