The People v. Ortega

California Court of Appeal Aug 26, 2013 No. E054882MPublished

AI Brief

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Holding. The court held that amended pleadings did not relate back to the original pleading because they failed to allege the same conduct.

Issues

Whether amended pleadings relate back to the original pleading when they do not allege the same conduct.

Disposition. No change in judgment

Quotations verified verbatim against the opinion

“The court held that the amended pleadings did not allege the “same conduct” as the original pleading and therefore did not relate back.”

Filed 8/26/13

Plaintiff and Respondent, E054882

v. (Super.Ct.No. RIF105398)

Defendant and Appellant. [NO CHANGE IN JUDGMENT]

It is ordered that the opinion filed herein on August 21, 2013, be modified as

follows. The third full sentence on page 16 is modified to add the word “not” before the

word “allege” so the sentence reads as follows:

The court held that the amended pleadings did not allege the “same conduct” as the

original pleading and therefore did not relate back.

Except for this modification, the opinion remains unchanged. This modification

does not effect a change in judgment.

RICHLI J. We concur:

HOLLENHORST Acting P. J.

McKINSTER J.