Shelton v. Superior Court

In Shelton v. Superior Court (1976) 56 Cal. App. 3d 66, husband and wife moved to amend their joint complaint for personal injuries suffered as a result of an automobile accident to include causes of action for loss of consortium. They argued unsuccessfully that the new causes of action should relate back to the filing of the original complaint to avoid the bar of the statute of limitations. The court held that the failure of each spouse to assert, within the statutory period, a claim for damages to that spouse by virtue of the injuries to the other barred the relation back of such a claim by amendment.Here, Rowland's original complaint alleges damages for wrongful death, which are personal to him. Wrongful death is an original and distinct cause of action granted to the heirs of a decedent, and is not derived from or a continuation or revival of a cause of action existing in the decedent before his death. (Shelton v. Superior Court, supra, 56 Cal. App. 3d at p. 81.)