In Re Anne P.
1988.CA.41112 199 CAL. APP. 3D 183; 244 CAL. RPTR. 490
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Descrição da editora
Petitioner Salvador Espinosas 1987 amendment to his 1984 complaint added an allegation that the City of Pittsburg, the real party in interest in this action, violated his federal civil rights. Respondent court sustained a demurrer to this amendment without leave to amend on the ground that the statute of limitations had run. Espinosa applied to this court for a writ of mandate. We find that the superior court properly sustained the demurrer, but should have given Espinosa leave to amend.