Sidney

In this case we hold that the statute of limitations does not bar amending a compulsory cross-complaint to state a cause of action against the plaintiff for a different injury arising from the same accident where the cause of action was not barred when the original complaint was filed. Petitioner Erik Sidney seeks a writ of mandate commanding respondent superior court to grant him leave to amend his cross-complaint to seek damages for personal injury as well as property loss. Petitioner is the defendant in a negligence action (Kinoshita v. Sidney, Super. Ct. L.A. County, No. C 588711) filed by plaintiff Pauline Kinoshita.

On November 7, 1985, petitioner’s car collided with a vehicle driven by plaintiff Kinoshita. On February 24, 1986, plaintiff filed a complaint for personal injury and property damage against petitioner. On April 17, 1986, petitioner filed a cross-complaint for property damages against plaintiff and A1 Munari Produce. On April 27, 1987, petitioner filed a notice of motion for leave to amend his cross-complaint by adding a cause of action for personal injuries. Petitioner alleged his failure to include the personal injury claim in his first…