San Diego Gas & Elec. Co. v. Superior Court

53 Cal. Rptr. 3d 722, 146 Cal. App. 4th 1545
CourtCalifornia Court of Appeal
DecidedJanuary 25, 2007
DocketD049298
StatusPublished
Cited by16 cases

This text of 53 Cal. Rptr. 3d 722 (San Diego Gas & Elec. Co. v. Superior Court) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
San Diego Gas & Elec. Co. v. Superior Court, 53 Cal. Rptr. 3d 722, 146 Cal. App. 4th 1545 (Cal. Ct. App. 2007).

Opinion

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.

No. D049298.

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

January 25, 2007.

*724 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.

*723 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 of action and that the propriety of the addition could not be resolved at the pleading stage.

FACTUAL AND PROCEDURAL BACKGROUND

On January 22, 2004, Captain Adam Miller and three other Marines were killed while participating in a night flight helicopter training exercise over Camp Pendleton, California, when their aircraft struck San Diego Gas & Electric Company (SDG & E) utility lines. Some heirs of the decedents, including Adam's parents (collectively, the plaintiffs), timely filed a complaint against SDG & E alleging wrongful death and survivor causes of action. In July 2006, on the date set for trial, the plaintiffs sought leave to file an amended complaint adding Nicole Miller, Adam's widow, to the action.

The trial court continued the trial date and granted the motion, concluding that the applicable statutes of limitations did not bar Nicole's claims because they related back to the original complaint and SDG & E had not been prejudiced by the amendment because it knew of Nicole's existence and received the plaintiffs' economic analysis of her loss of support claim before the limitations period expired. SDG & E sought writ review of the trial court's order, requesting that the order be vacated and a new and different order be entered denying the motion. We stayed the trial date and all law and motion proceedings relating to the issue of whether Nicole's claims were barred by the statute of limitations and issued an order to show cause why the relief sought should not be granted.

DISCUSSION

I. General Legal Principles

Although mandamus does not generally he to control the exercise of judicial discretion, mandate may lie to order its exercise in a particular manner where the facts support only one decision. (Robbins v. Superior Court (1985) 38 *725 Cal.3d 199, 205, 211 Cal.Rptr. 398, 695 P.2d 695.) Whether Nicole's claims are barred by the statute of limitations presents a purely legal issue subject to our independent review. (International Engine Parts, Inc. v. Feddersen & Co. (1995) 9 Cal.4th 606, 611, 38 Cal.Rptr.2d 150, 888 P.2d 1279.)

Because Nicole's tardy addition to this action greatly increases SDG & E's potential exposure on the wrongful death claim, the parties thoroughly briefed and argued the statute of limitations defense below and the trial court addressed the defense on its merits, we concluded that this was an appropriate matter to be considered on a petition for writ of mandate. (California Trial Lawyers Assn. v. Superior Court (1986) 187 Cal.App.3d 575, 579, 231 Cal.Rptr. 725.)

A two-year limitations period applies to Nicole's wrongful death and survivor causes of action. (Code Civ. Proc., §§ 335.1, 366.1; all undesignated statutory references are to this code.) The parties agree that Nicole's claims are untimely and barred by the statute of limitations unless the relation-back doctrine applies. An amended complaint relates back to the original complaint, and thus avoids the statute of limitations as a bar, if it: (1) rests on the same general set of facts as the original complaint and (2) refers to the same accident and the same injuries as the original complaint. (Norgart v. Upjohn Co. (1999) 21 Cal.4th 383, 408-409, 87 Cal. Rptr.2d 453, 981 P.2d 79.) The relation-back doctrine typically applies where an amendment identifies a defendant previously named as a Doe defendant (Smeltzley v. Nicholson Mfg. Co. (1977) 18 Cal.3d 932, 935, 136 Cal.Rptr. 269, 559 P.2d 624) or adds a new cause of action asserted by the same plaintiff on the same general set of facts. (Grudt v. City of Los Angeles (1970) 2 Cal.3d 575, 584-585, 86 Cal.Rptr. 465, 468 P.2d 825; Rowland v. Superior Court (1985) 171 Cal.App.3d 1214, 1218, 217 Cal.Rptr. 786.) An amended pleading will also relate back if it makes a mere technical change in the capacity in which the plaintiff sues on the same cause of action (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 1008, 79 Cal. Rptr.2d 544; Pasadena Hospital Assn., Ltd. v. Superior Court (1988) 204 Cal. App.3d 1031, 1037, 251 Cal.Rptr. 686) or substitutes a plaintiff with standing in place of a plaintiff who lacks standing. (Branick v. Downey Sav. & Loan Assn. (2006) 39 Cal.4th 235, 243, 46 Cal.Rptr.3d 66, 138 P.3d 214; Klopstock v. Superior Court (1941) 17 Cal.2d 13, 21,108 P.2d 906; Garrison v. Board of Directors (1995) 36 Cal.App.4th 1670, 1678, 43 Cal.Rptr.2d 214; Mayo v. White (1986) 178 Cal.App.3d 1083, 1091-1092, 224 Cal.Rptr. 373.)

In contrast, an amended pleading that adds a new plaintiff will not relate back to the filing of the original complaint if the new party seeks to enforce an independent right or to impose greater liability against the defendants. (Bartalo v. Superior Court (1975) 51 Cal.App.3d 526, 533-534, 124 Cal.Rptr. 370 (Bartalo).) In Bartalo, a husband could not join his wife's personal injury action after the statute of limitations had expired on his loss of consortium claim because the new claim sought to enforce an independent right. The court explained that "[t]he elements of loss of society, affection and sexual companionship [were] personal to [the husband] and quite apart from a similar claim of the wife." (Id. at p. 533, 124 Cal.Rptr. 370.) Similarly, in Diliberti v. Stage Call Corp. (1992) 4 Cal.App.4th 1468, 6 Cal. Rptr.2d 563 (Diliberti), two sisters had been in an automobile accident, but only the passenger-sister had been injured. The passenger's attorney filed suit, naming the driver as the injured plaintiff, and *726 after the statute of limitations expired, moved to substitute the passenger in place of the driver. (Id. at pp. 1469-1470, 6 Cal.Rptr.2d 563.) The appellate court concluded that leave to amend had been properly denied because the body of the complaint gave no indication that there was a passenger and did not sound as a claim for the passenger; thus, the change was not a mere misnomer in the description of the party but an entire change of parties. (Id. at pp. 1470-1471, 6 Cal.Rptr.2d 563.)

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53 Cal. Rptr. 3d 722, 146 Cal. App. 4th 1545, Counsel Stack Legal Research, https://law.counselstack.com/opinion/san-diego-gas-elec-co-v-superior-court-calctapp-2007.