Calif. Court Allows Pro Per Plaintiff to File 4th Amended Complaint

SACRAMENTO - A California appellate court on Sept. 27 reversed an order dismissing a mold personal injury lawsuit, saying the trial court should have allowed a propria persona plaintiff to file a fourth amended complaint to overcome statute of limitations problems. Winston v. Taylor, et al., No. CO48373 (Calif. Ct. App., 3rd Dist.).

Citing case law, California's 3rd Appellate District said in an unpublished opinion that while trial courts needn't exercise unlimited patience, '[i]f there is a reasonable possibility that a plaintiff can amend his complaint to cure the defects, leave to amend must be granted' (Kong v. City of …