The first amended petition was filed October 30, 1888, and the second amended petition November 2, 1888.
On March 30, the plaintiffs filed a notice that they would amend their complaint, and on April 3 they filed the first amended complaint, which asserts nuisance claims under both federal and California law.
This amendment was consented to by counsel, on condition that the demurrer which had been filed to the first amended answer should be considered as pleaded against the last answer, and that it be submitted.
Mr. Miller felt the law was unconstitutional, in that it violated the fourth amend ment to the United States Constitution, which guaran tees citizens against illegal search and seizure.
On September 8, 2003, the Debtor filed the Second Amended Disclosure Statement for the Debtor's Third Amended Joint Plan of Reorganization Under Chapter 11 of the Bankruptcy Code (the "Disclosure Statement") and the Third Amended Plan.
Laura Emery, on behalf of Chad Emery (Emery), filed the second amended complaint against Federated Foods on May 31 , 1990
At least five years and six months, therefore, intervened between the occurrence which caused the damage and the filing of the second amended petition.
Nor do we think this question is in any way affected by the fact that the second amended petition was filed by consent.
The question, then, is, does the second amended petition state a new cause of action, so as to amount to a departure?
Having read the papers filed in conjunction with the motion and carefully considered the arguments and the relevant legal authority, and good cause appearing, the court hereby GRANTS defendants' motion to dismiss the second amended complaint ("SAC") as follows.
