Kenworthy v. Brown

In Kenworthy v. Brown (1967) 248 Cal.App.2d 298, the plaintiffs initially alleged that they entered into a contract with the defendants on May 15, 1961. The date the parties entered into the contract was important because the statute of limitations period for the plaintiffs' conspiracy to induce breach of contract claim began to run on that date. To circumvent the statute of limitations, the plaintiffs amended their complaint to vaguely state that the contract was entered into sometime " 'after April 18, 1961.' " (Id. at p. 302.) The court rejected the plaintiffs' gamesmanship, and stated: "Plaintiffs had full knowledge that the date of May 15, 1961, was the exact date upon which defendants and the State contracted together as the alleged culmination of the conspiracy described by plaintiffs, and plaintiffs' obvious subterfuge in their second amended complaint, by referring to such event as having occurred 'after April 18, 1961,' is far too obvious to be overlooked by this court." (Kenworthy, supra, 248 Cal.App.2d at p. 302.)