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Cloud v. Northrop Grumman Corp.11/12/1998
t remains precisely the same as that stated in the original pleading. No new facts are alleged as a ground of recovery, the only change being in the name of the plaintiff and the capacity in which he sues . . . . This being so, the change effected by the amendment is obviously in no just sense the bringing of a new action. It is one of form rather than of substance, and in the interests of Justice is to be treated as such, rather than to adopt a view which would result in an irretrievable bar to all remedy. Under the modern doctrine, the discretionary power of the court to such end is to be liberally exerted in favor of, rather than against, the Disposition of a case upon its merits . . . .'" (Olsen v. Lockheed Aircraft, supra, 237 Cal.App.2d at p. 741.) Subsequent authorities citing Klopstock follow this same rule.
In Garrison v. Board of Directors, supra, 36 Cal.App.4th 1670, for example, an individual petitioner failed to state a claim due to failure to exhaust administrative remedies; he then filed an amended petition, after the statute of limitations period had expired, alleging that he was now suing in a representative capacity on behalf of an organization. The trial court held that his petition was barred by the statute of limitations because the organization had not become a plaintiff until after the statute of limitations period had expired. The Garrison court reversed, stating: "California courts have shown a liberal attitude toward allowing amendment of pleadings to avoid the harsh results imposed by statutes of limitations. [Citing Klopstock.] Thus, proper amendments to an original complaint `relate back' to the date of the filing of the original complaint, despite the amendments being made after the statute of limitations has expired. [Citation.] The policy behind statutes of limitations is to put defendants on notice of the need to defend against a claim in time to prepare a fair defense on the merits. This policy is satisfied when recovery under an amended complaint is sought on the same basic set of facts as the original pleading. [Citation.]" (Garrison, supra, 36 Cal.App.4th at pp. 1677-1678.)
Witkin has summarized the authorities as follows: " he allowance of amendment and relation back to avoid the statute of limitations does not depend on whether the parties are technically or substantially changed; rather the inquiry is as to whether the nature of the action is substantially changed. And most of the changes in parties do not change the nature of the action." (5 Witkin, Cal. Procedure, supra, Pleading, ยง 1151; quoted in California Air Resources Board v. Hart, supra, 21 Cal.App.4th 289, 300, [citing both Witkin and Klopstock].)
In the instant case, plaintiff requested a stay in the trial court to reopen her bankruptcy case in order either to substitute the trustee as real party in interest or to obtain the trustee's abandonment of her claim. The trial court, however, denied the stay request on the grounds that "if she were able to convince the bankruptcy trustee to abandon her claims, and attempted to reallege standing, the statute of limitations on her claims would have run, as such an amendment would not relate back." This Conclusion was legally erroneous.
In support of the proposition that "such an amendment would not relate back" and that the statute of limitations would have run, the trial court cited Coats v. K-Mart Corp. (1989) 215 Cal.App.3d 961. In Coats, the mother of a decedent did not obtain appointment as administratrix of the decedent's estate before filing a wrongful death action. (Id. at pp. 964-965.) Although Klopstock had involved a situation similar to Coats, in which an action should have been filed by an administratrix but instead
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