• California Procedure

    Relation Back Doctrine Applies in Trial Deadline Context

    In Brumley v. FDCC California, Inc., case no. A114840 (1st Dist. Oct. 22, 2007), the Court of Appeal holds that the relation back doctrine applies to claims in an action when dismissal is sought on the ground that plaintiff(s) failed to bring the action to trial within 5 years of filing the original complaint.  (Code of Civil Procedure sections 583.310, 583.360.)  Thus, where the wife and children of the original plaintiff substituted in as plaintiffs for purposes of personal injury asbestos claims that survived his death and amended the complaint to include a TomKiley Law Group wrongful death claim, the 5-year deadline for bringing the wrongful death claim to trial ran…