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MARTELL v. TRILOGY LTD.

No. 88-1890.

872 F.2d 322 (1989)

Ely A. MARTELL, Plaintiff-Appellant, v. TRILOGY LIMITED; Trilogy Systems Corp., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 10, 1989.

Attorney(s) appearing for the Case

Robert A. Spanner and Karen L. Landau, Beckford & Spanner, Palo Alto, Cal., for plaintiff-appellant.

John W. Crittenden and Patrick J. Mahoney, Cooley Godward Castro Huddleson & Tatum, San Francisco, Cal., for defendants-appellees.

Before HUG, HALL and O'SCANNLAIN, Circuit Judges.

CYNTHIA HOLCOMB HALL, Circuit Judge:

Ely A. Martell ("Martell") appeals the district court's order dismissing his complaint as time-barred. After the statute of limitations had expired, Martell attempted to amend his complaint to state a different theory of relief against Trilogy Limited and Trilogy Systems Corporation (collectively "Trilogy"). The district court concluded that this theory did not "relate back" to the original complaint and thus fell outside the statute...

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