Klopstock v. Superior Court

17 Cal. 2d 13 ·

Supreme Court of California · Filed

Published · citable Cited by 4

Holding

The court held that a trial court retains the discretionary power under Code of Civil Procedure section 473 to permit an amendment that substitutes the proper plaintiff in a derivative stockholder’s action after a general reversal on appeal, even where the original complaint failed to state a cause of action in the named plaintiff, provided the amendment does not seek to enforce a wholly distinct legal obligation against the defendant.

Cited by (4)

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