Gross

The issue here is whether a complaint may be amended to add new parties without leave of court before any defendant has filed an answer or demurrer. We conclude that Code of Civil Procedure section 472 authorizes one such amendment as a matter of course without leave of court and that section 473, which requires permission to amend under certain circumstances, is inapplicable.

I

In August 1981, appellants Ryan Kathryn Gross, a minor, by her guardian ad litem Dennis M. Ryan, and Dennis M. Ryan, as an individual, filed a complaint against several defendants for the wrongful death of Kathryn Gross, Ryan’s mother. The action arose out of a multiple-car collision which occurred near the intersection of U.S. Highway 101 and State Route 17. The complaint did not name respondent Department of Transportation as a defendant.

In October and November 1981, appellants presented respondent with a tort claim pursuant to the Tort Claims Act, Government Code section 810 et seq., alleging defective design of the highway merging area where the accident occurred. In October 1982, respondent Department of Transportation denied appellants’ claim and informed appellants of their right to…