Lewis v. O’Connell CA1/4
Plaintiffs Melanesia Lewis (Ms. Lewis) and her husband Charles Lewis appeal from an order granting the motion of Dennis O’Connell and Abigail Goetz to quash service of a third amended complaint in this personal injury action. O’Connell and Goetz were physician assistants employed by Ms. Lewis’s physicians at the time of her treatment at Sutter Delta Medical Center. By the third amended complaint, the Lewises sought to name O’Connell and Goetz (collectively the PAs) well after the time the applicable statute of limitations would have run on claims against them, unless the amendment is deemed to relate back to the filing of the original complaint under Code of Civil Procedure section 474. We conclude it does not relate back. We therefore affirm.
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