What is the test for a supplemental complaint in a personal injury case?

California, United States of America


The following excerpt is from Erickson v. Boothe, 127 Cal.App.2d 644, 274 P.2d 460 (Cal. App. 1954):

Here the original complaint sought declaratory relief concerning possession of the premises in question. It was not filed until after defendant was out of possession. Obviously then any commission of waste by him would of necessity have been during his possession. Hence, the supplemental complaint [127 Cal.App.2d 648] could not have related to material facts 'occurring after the former complaint', Code of Civil Procedure, section 464, or to facts occurring 'between the time of filing the original complaint and the trial or judgment.' Gleason v. Gleason, supra.

The principle is well settled that after reversal of a judgment under which a party obtained possession he is in the position of a trustee of the property and the one so dispossessed is '* * * entitled to restitution of all the things lost by reason of the judgment in the lower court * * * where justice requires it'. Ward v. Sherman, 155 Cal. 287, 291, 100 P. 864, 865.

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