In Kim v. The Regents of University of California (2000) 80 Cal.App.4th 160, the court held that the relation-back doctrine did not apply because the amended complaint alleging wrongful termination based on age discrimination did not arise out of same set of facts set forth in the claims for breach of contract and Labor Code violations in the original complaint. (Id. at p. 169.) The court observed that both pleadings concerned one employer and one termination of employment, but the amended complaint, unlike the original one, was based on facts related to disparate treatment, intentional discrimination, the plaintiff's age, and/or comments related to the plaintiff's age. (Ibid.)