SAN DIEGO GAS & ELEC. CO. v. SUPERIOR COURT

No. D049298.

53 Cal.Rptr.3d 722 (2007)

146 Cal.App.4th 1545

SAN DIEGO GAS & ELECTRIC COMPANY, Petitioner, v. SUPERIOR COURT of San Diego County, Respondent, Debra Harris et al., Real Parties in Interest.

Court of Appeal of California, Fourth District, Division One.

January 25, 2007.


Attorney(s) appearing for the Case

C. Larry Davis, San Diego, for Petitioner.

No appearance for Respondent.

Macaluso & Associates, Todd E. Macaluso, Stacy M. King, San Diego, and Zachary M. Lemley for Real Parties in Interest.


McINTYRE, J.

In this case we address whether the relation-back doctrine applies to save the claims of an omitted heir whose wrongful death cause of action would otherwise have been barred by the statute of limitations. We conclude that the relation-back doctrine does not apply to the wrongful death claim. We also conclude that the trial court did not err in adding an additional plaintiff to a timely filed survivor cause...

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