San Diego Gas & Elec. Co. v. Superior Court

Macaluso & Associates, Todd E. Macaluso, Stacy M. King, San Diego, and Zachary M. Lemley for Real Parties in Interest.

McINTYRE, J.

In this case we address whether the relation-back doctrine applies to save the claims of an omitted heir whose wrongful death cause of action would otherwise have been barred by the statute of limitations. We conclude that the relation-back doctrine does not apply to the wrongful death claim. We also conclude that the trial court did not err in adding an additional plaintiff to a timely filed survivor cause of action and that the propriety of the addition could not be resolved at the pleading stage.

On January 22, 2004, Captain Adam Miller and three other Marines were killed while participating in a night flight helicopter training exercise over Camp Pendleton, California, when their aircraft struck San Diego Gas & Electric Company (SDG & E) utility lines. Some heirs of the decedents, including Adam's parents (collectively, the plaintiffs), timely filed a complaint against SDG & E alleging wrongful death and survivor causes of action. In July 2006, on the date set for trial, the plaintiffs sought leave to file an amended complaint adding Nicole…