SOFRANEK v. MERCED COUNTY
Where plaintiff brought two tort claims regarding same subject matter, and first was legally adequate, and second, while adding additional details, was legally unnecessary and did not entitle plaintiff to claim any relief that would have been beyond the scope of first claim, the second claim must be deemed an amendment to the first and did not create a new six-month period in which to bring suit. Where plaintiff brought second claim within six months of the first, and notice rejecting second claim stated that plaintiff had six months in which to sue, allegation that plaintiff delayed filing suit because notice caused him to believe that he had a new six-month period was sufficient to plead that defendant was equitably estopped from pleading that complaint was untimely.
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