Avedissian

This is an action that resulted from an alleged breach of a promissory note and alleged subsequent ratification of that note and debt by defendant and respondent Rose Manukian (hereafter respondent). Plaintiffs and appellants, Leon and Armenubi Avedissian (hereafter appellant), appeal from the trial court’s denial of their motion to amend their complaint as well as the dismissal of their action pursuant to Code of Civil Procedure section 583, subdivision (b).

At issue is whether a stipulation entered into by the parties pursuant to section 583, subdivision (b), allows a party to amend its original complaint to add a new cause of action at a trial which began after the five-year statute had run but which began within the stipulated extended time.

The relevant facts are as follows: On December 12, 1974, appellant Leon Avedissian entered into a loan agreement with respondent’s husband. The loan was for $20,000 and was to be delivered to the jewelry store operated by the husband and respondent’s son. A promissory note prepared on behalf of appellant was offered for the signatures of both respondent and her husband. The note called for payment of the debt plus interest at 10…