Pacific Bell Telephone v. Superior Court CA2/1
Petitioner Pacific Bell Telephone Company (Pacific Bell) petitions for a writ of mandate directing the superior court to vacate its November 22, 2017 order denying its motion to strike the first amended complaint in its entirety or, in the alternative, its allegations invoking the relation-back doctrine, and to issue an order granting the motion. We issued a stay on January 17, 2018, pending this court’s resolution of the petition, and an alternative writ of mandate. The respondent court declined to vacate its order, so we issued an order to show cause why a writ of mandate should not issue. Because we agree that the superior court should have stricken the relation-back doctrine allegations from the first amended complaint, we grant the petition and direct the superior court to vacate its order denying petitioner’s motion and enter a new and different order granting the motion.
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