Sidney v. Superior Court
California Court of Appeal
198 Cal. App. 3d 710, 244 Cal. Rptr. 31 (1988)
- Written by Mary Phelan D'Isa, JD
Facts
On November 7, 1985, a vehicle driven by Pauline Kinoshita (plaintiff) collided with a car driven by Erik Sidney (defendant). On February 4, 1986, Kinoshita filed a complaint for personal injury and property damages against Sidney. On April 17, 1986, Sidney filed a cross-complaint for property damages against Al Munari Produce, the alleged owner of the vehicle that Kinoshita was driving. A year and 10 days later, on April 27, 1987, Sidney filed a motion for leave to amend his cross-complaint to add a claim for personal injuries against Kinoshita. The trial court denied Sidney’s motion because it concluded that his personal-injury claim was time-barred under the applicable one-year limitations period and that the relation-back doctrine did not apply when the original complaint related to a property-damage claim. Sidney, who alleged that the limitations period was tolled when Kinoshita filed her claim for personal injuries that she sustained in the same accident, sought mandamus relief in the court of appeal.
Rule of Law
Issue
Holding and Reasoning (Thompson, J.)
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