WIENER v. SUPERIOR COURT

Docket No. 47519.

58 Cal.App.3d 525 (1976)

130 Cal. Rptr. 61

NORMAN WIENER et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; HARRY SCHOLER et al., Real Parties in Interest.

Court of Appeals of California, Second District, Division Four.

May 19, 1976.


Attorney(s) appearing for the Case

COUNSEL

Stanley Feldsott and Martin L. Lee for Petitioners.

No appearance for Respondent.

McCutchen, Black, Verleger & Shea, Howard J. Privett, Steven W. Weston and Thomas L. Powell for Real Parties in Interest.


OPINION

FILES, P.J.

The question to be decided is whether a notice of motion for leave to amend a complaint, accompanied by a proposed pleading of a second and distinct cause of action not previously pleaded, stops the running of the statute of limitations as to the cause pleaded for the first time in the amendment. We have concluded that under the facts of this case the action on the second cause was "commenced" when the notice of...

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