Levin

I. INTRODUCTION

The original complaint in this case alleged the plaintiffs bought a piece of investment property under false pretenses. Three years later, the plaintiffs alleged a different theory in an amended complaint. The new theory was that the contract itself was in violation of a federal statute because it omitted a provision that any buyer would have a right to cure a default during the escrow period. We agree with the trial court the amended complaint did not relate back to the original. The original complaint was based on one kind of damage – buying the property under false pretenses. The amended complaint was based on another – entering into a contract technically deficient under federal law. Accordingly, we affirm the ensuing judgment based on the running of a three-year statute of limitations.

II. BACKGROUND

On June 13, 2007, Jon Levin and his wife Colleen signed a contract to buy a condo unit in a Napa Valley resort complex known as Verasa for about $715,000 as an investment property. The seller signed the contract on June 29, 2007, and the deal actually closed on August 29, 2008. The way the investment was to work, the Levins would be able to stay in their condo…