Stephen J. when an amendment of a pleading changing the party against whom a claim is asserted (in-cluding an amendment to correct a misnomer or misdescription of a defendant) shall 'relate back' to the date of the original pleading. " Id. 218, § 50. Later proceedings should be in the substituted party’s name, but any misnomer not affecting the parties’ substantial rights must be Aug 8, 2017 · It is easy to get these two mixed up, but there are several key distinctions that make proper identification of misnomer versus misidentification essential for understanding (1) the significance of the opposing party's mistake and (2) what to do if presented with such a mistake. See examples of MISNOMER used in a sentence. The Era of Good Feelings was a period in American history that started with unity and nationalism in the wake of the War of 1812. This is part of Vail Law's Litigation Checklist. It is likely that the judge will allow you to amend your complaint. C. (c) A party shall set forth in the body of his or her pleading the names of all parties for and against whom relief is sought thereby. Attorney General. state ), there are three recognized political parties and an additional 29 political designations in which registered voters may choose to enroll. It’s a bit of a misnomer to call nachos “fine dining. Secretary of the Commonwealth. Jan 16, 2024 · Era of Good Feelings Summary. 110, par. $25 - $33 an hour. A party serving any such motion must serve the motion on all parties pursuant to Superior Court Rule 9A (b) (2) and, in a timely manner, must also file with the court a simple "Notice of Motion" reciting the title of the motion and the date of its If a person has not been joined as required, the court must order that the person be made a party. The officer's successor is automatically substituted as a party. 218, § 19. Easily apply. Political party strength in Massachusetts. Full-time. What focus areas would you enjoy being "in the loop" with for possible collaborative service to the party? (Your email address will It is also well settled that “a motion to dismiss for failure to state a claim pursuant to Mass. D. The first and most important thing to know about eviction law in Massachusetts is that a landlord cannot make a tenant move out of her home without going to court first. Thus, the plaintiff’s original complaint was timely. Mar 22, 2021 · Folk, 674 N. It’s a misnomer to call it “tennis elbow. Aug 8, 2016 · In cases involving child support and alimony, a Massachusetts probate and family court may “attribute” income to a party the judge feels in underemployed. Motions to dismiss a civil action, ostensibly pursuant to Rules 12 (b) (6) and 56 of the Massachusetts Rules of Civil Procedure, should have been treated solely as motions under rule 12 (b) (6) where neither party submitted any factual material beyond the pleadings. No matter what a landlord or a landlord's lawyer says, a landlord must go to court and obtain permission from a judge to evict a tenant. About Our Chair. See Mass. Apr 30, 2007 · Misjoinder of parties is not a ground for dismissing an action. When subject matter jurisdiction is lacking, it cannot be “conferred by consent, conduct or waiver. Jul 1, 1994 · As amended through May 7, 2024. The 42-year-old Raynham man is the founder of the Pizza Party, a political designation officially recognized by state election officials. 1009-Amanda Product Liability. Contrary to what you may believe, a landlord cannot evict you for any reason whatsoever, and cannot simply change your locks Jul 15, 2002 · A defendant in a civil action could be brought in by the plaintiffs' amendment of the complaint without service of process, where the amendment functioned not to bring in a new party before the court, but merely to correct a misnomer. ” (See Nader v. Political parties hold primary elections, while political designations do Oct 12, 2022 · Misnomer of a party (Rule 19) Failure to state a claim on which relief could be given; Pendency of a previous action; In simple terms, we can help you file a motion to dismiss under the Rules under conditions, such as: (a) the process of serving the papers was incorrect; (b) the domicile is disputed; (c) a prior divorce claim is already pending Apr 5, 2024 · An amendment may seek to (1) change the nature of the action or defense, (2) set forth a better statement of facts concerning any matter already raised in a pleading, (3) set forth transactions or events that have occurred since the filing of the pleading sought to be amended, (4) correct misnomer of a party, (5) correct misjoinder or Sep 9, 2022 · Misnomer is a noun that refers to a wrong, misleading, or inappropriate use of a name or designation. com Post-trial motions pursuant to Mass. Any claim against a party may be severed and proceeded with separately. About Us. L. After the Association complained that Jan 7, 2021 · The term 'gypsy' has become synonymous with the Romani people in many regions. Mass. Kerrigan was elected Chair of the Massachusetts Democratic Party in April 2023. 291 Va. You must fill out a form called the Summons and Complaint. Jul 7, 2020 · An “ eviction ” is a formal legal process whereby a court grants permission to the owner of real property to remove the person residing in that property. ” The Workers Party of Massachusetts is a political organization of and for the working class. . Not authorized by any candidate or candidate's committee. 1, 2007. An amendment may seek to (1) change the nature of the action or defense, (2) set forth a better statement of facts concerning any matter already raised in a pleading, (3) set forth transactions or events that have occurred since the filing of the pleading sought to be amended, (4) correct misnomer of a party, (5) correct misjoinder or Aug 17, 2006 · Misnomer. 12(h)(1) and American Ins. The court may order substitution at any time, but the absence of such an order does not affect the substitution. 12 (b). Sep 14, 2020 · The most complete list of affirmative defenses available in one place: currently 230 separate affirmative defenses. 07 (2013). Formal exceptions to rulings or orders of the court are unnecessary; but for all purposes for which an exception has heretofore been necessary it is sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action which he desires the court to take or his objection to the (1) A defense of lack of jurisdiction over the person, improper venue, insufficiency of process, insufficiency of service of process, misnomer of a party, or pendency of a prior action is waived (A) if omitted from a motion in the circumstances described in subdivision (g), or (B) if it is neither made by motion under this rule nor included in May 15, 1979 · Rule 30 was amended by striking a free-standing parenthetical subtitle (“Applicable to Civil Cases”), and adding “in Civil Cases” to the title of the rule. [1] [2] The era saw the collapse of the Federalist Party and an end to the bitter partisan disputes between it and the dominant Nov 13, 2019 · The approach of Nigerian courts when there is a misnomer has been to grant leave to amend so that real issues in controversy between the parties can be properly determined. It was further held that the true identity of Solenta Aviation was clear from the particulars of claim and the annexed contact and thus the service of To start an eviction case in court, a landlord must serve you with a summary process summons and complaint. 30, 2007, eff. , independents ). Under prior law, substitution of the representative of a deceased party could occur in one of two ways: (1) the representative could voluntarily appear; or (2) the surviving party could obtain a court citation requiring the representative to appear and assume the prosecution or defense of the action. The Association named her husband, Randy Britton ( Randy ), as a defendant/party in interest because he held a junior mortgage on the property. ”). It’s also used to refer to the misleading name or designation itself. It covers: the applicable rules; the legal test to be met on a motion to amend pleadings and correct a misnomer; and additional legal principles on the following misnomers Jan 6, 2020 · Relation Back Under Massachusetts Law. Deerfield, MA 01373-9657 Call: 413 650-6542 Misjoinder of parties is not ground for dismissal of an action. P. 12 (b) (6), unless converted to a motion for summary judgment requires the judge to consider only the allegations of the plaintiffs' amended complaint, which he must take as true. File a "Motion for Leave to File First Amended Complaint at Law" attach a copy of the proposed amended complaint. 766. [Bryant v. 12(b)(6), and Commercial, having answered, filed a motion for judgment on the pleadings under Mass. R. All misnomers, whether in the Christian name or surname, made in writs, pleadings, or other civil judicial proceedings, shall, on motion, be amended and corrected instanter without working unnecessary delay to the party making the same. May 2017. Parties may be dropped or added by order of the court on motion of any party or of its own initiative, after hearing, at any stage of the action and on such terms as are just. If a joined party objects to venue and the joinder would make venue improper, the court must dismiss that party. Dec. The task of determining each party The definition of “Municipal Court of the City of Boston” has been amended in light of legislation in 2003 transferring various Divisions of the District Court Department located in Suffolk County to the Boston Municipal Court. Effective 7/1 Nov 15, 2015 · A misnomer refers to the use of a wrong or inaccurate name in a legal context. e. A person who refuses to join as a plaintiff may be made either a defendant or, in a proper case, an involuntary plaintiff. Treasurer and Receiver-General. Co. General Motors Corp. " Many voters abstain from aligning with a specific party so that they may vote for specific candidates in primary elections versus voting for a party's platform. O'Brien Land Surveying. It was founded in 2002 through the union of the Massachusetts Green Party and the Rainbow Coalition Party. On motion or on its own, the court may at any time, on just terms, add or drop a party. t. Whenever the term “District Court” is used in the Massachusetts Dismissal is required if the non-moving party cannot prove that the court has subject matter jurisdiction. (b) Misnomer of a party is not a ground for dismissal but the name of any party may be corrected at any time, before or after judgment, on motion, upon any terms and proof that the court requires. Civ. (735 ILCS 5/2-401) (from Ch. Notes Land Survey Chief of Party. But, it can be better. [891-893] Sep 8, 2014 · To determine whether misnomer or mistaken identity applies, the court looks to the plaintiff’s objective manifestation of intent as to whom it meant to sue. 5. Summary. So. This precedent includes practical guidance, drafting notes, alternate clauses and optional clauses. J. When a party has mistakenly designated any plea or pleading, the court, if justice so requires, shall treat the plea or pleading as if it had been properly designated. See Wis. As a general rule, after the statute of limitations has run, a complaint may be amended to correct a misnomer or defect in the description or characterization of the defendant, but not to permit a replacement of parties. This may occur in the creation of a contract, the filing of a lawsuit, creation of a will, or in other legal dealings. 706, 711 (1991), In cases where the “nonmoving party will bear the burden of proof at trial on a dispositive issue, a summary judgment motion may properly be made in reliance solely on the pleadings, depositions, answers to interrogatories, and admissions on file. Notes (As amended Apr. 66 The summons and complaint cannot be served on you until after your tenancy has been properly terminated. Published 4:19 PM PDT, October 3, 2016. Civ. “Rule 15 of the Massachusetts Rules of Civil Procedure provide, in part, that . Please answer the questions below to help us connect you to initiatives of interest to you as they develop going forward. The amendment was made to clarify the content and applicability of the rule and to eliminate a drafting technique unique to only a few prior rules that may have led to confusion. An original execution shall not issue after the expiration of one year after the party is first entitled to take it out; and an alias or other successive execution shall not issue after the expiration of five years from the return day of that which preceded it. Misnomers in Virginia are easily fixed by requesting an amendment of the pleadings, with the amendment relating back to the original filing date. 1996) (“A misnomer exists where a plaintiff sues and serves the correct party, but calls that party by the wrong name. Given that the dispute involves events that occurred in Massachusetts, Wisconsin would presumably apply Massachusetts statutes of limitation. Judges review each parties’ income, as well as other factors, to determine the appropriate amount of child support or alimony orders in every case. Apr 14, 2014 · The trial court in the interlocutory proceedings granted the amendment and held that the misdescription of Solenta Aviation amounted to a misnomer and did not introduce a new party to the action. Libertarians are practical. 12(c). Thus, one defendant cannot be substituted for another under the guise of a misnomer. Mistaken identity occurs when the wrong party is named and served. ” Mass. A defendant shall not be acquitted on the ground of variance between the allegations and proof if the essential elements of the crime are correctly stated, unless he is thereby prejudiced in his defence. In a misnomer case, actual notice of the lawsuit is given to the real party in interest, but the complaint and process do not refer to the person by his correct name. Thus, a misnomer can be Sep 23, 2019 · Although the Know Nothings found their strongest support in the Southern states, the American Party experienced its greatest victory in the spring elections of 1854 when it swept the state of Massachusetts, carrying the popular vote in Boston, Salem, and other cities. The Green-Rainbow Party is the Massachusetts affiliate of the Green Party of the United States (MA political designation "J"). J. 12(h)(3). Cir. c. L. We wanted to provide a primer, or reminder, on the law of misnomer, as this issue comes up a lot in product liability cases. (1) If a party dies and the claim is not thereby extinguished, the court may order substitution of the proper parties. Updated on August 24, 2017 Grammar. If verification is required, it may be made by a party or on behalf of a party by a person with knowledge of the facts. ) Notes of Advisory Committee on Rules—1937 (a) Amendments Before Trial. 01-6. Feb 14, 2019 · (7) Failure to join a party under Rule 19; (8) Misnomer of a party; (9) Pendency of a prior action in a court of the Commonwealth; (10) Improper amount of damages in the Superior Court as set forth in G. 123, 124. If the limitation period to bring a claim has expired, correcting a party who has been misnamed or misdescribed is permitted. In the Commonwealth of Massachusetts (a U. Rule 21. S. A party's dilatory conduct as to its jurisdictional defense, therefore, functionally may bar an opposing party from availing itself of any legal forum. e. If a party dies after a notice of appeal is filed in the trial court or while a proceeding is pending in the Appellate Division, the personal representative of the deceased party may be substituted as a party on motion filed by the representative or by any This practice note discusses motions to amend pleadings where a party is incorrectly named in Ontario pursuant to rr. Div. Marko Ticak. In Massachusetts, a negligence claim must be filed within three years of the date of harm. Rorer, 66 Va. 04 (2) and 26. The adverse party shall be called the defendant. Later proceedings should be in the substituted party's name, but any misnomer not affecting the parties’ substantial rights must be disregarded. Id. The following table indicates the party of elected officials in Massachusetts : Governor. However, when an interested party is a witness to a will, one of the following two things needs to occur for provisions of the will that grant a gift to the interested party or that party’s spouse to be deemed valid: The The officer's successor is automatically substituted as a party. 67 See a sample copy of a Summary Process Summons and Complaint (Form 19). With mistaken identity, the analysis is more intricate: the court applies Code Section 2-616(d) to determine whether the time-barred complaint relates back to the original (timely) filing date. The Libertarian Party is the only political party that understands that spontaneous order, and not central planning, is the path to abundance and prosperity. A misnomer occurs when a party misnames another party, but the correct parties are involved in the lawsuit. Volk, a plaintiff may fix a misnomer by taking a nonsuit and refiling the action with the corrected name. Va. We know that we can’t make the world perfect. Voters may also choose to remain as " unenrolled voters " (i. Franklin, MA 02038. This precedent is a standard notice of motion used by a moving party (plaintiff or defendant) for a motion to amend pleadings to correct the name of a party incorrectly named (a "misnomer") before the Ontario Superior Court of Justice. Jul 27, 2021 · For evictions based on non-payment of rent, Massachusetts requires 15-days notice. a party may amend his pleadings only by leave of Court . misnomer: [noun] the misnaming of a person in a legal instrument. Aug 28, 2019 · Kunc J went on to express the test for a misnomer which can be corrected by construction as (at [49]) “whether the misnomer was the product of a mistake made in circumstances in which it would have been plain to all who are concerned with the relevant document as to who the party was that was referred to in the document”. E. The court may also sever any claim against a party. ” (See Bailey-Wagner v. Misnomer is often confused with other kinds of mistakes, such as misconceptions, faulty statements, or incorrect perceptions. Section 35. PO Box 75075, Washington, DC 20013 202-804-2758 11 Beacon St, Suite 410, Boston, MA 02108 Phone: 617-939-0800 Paid for by the Massachusetts Democratic Party. Supporters were concentrated in industrial towns such as Ipswich, Haverhill The Supreme Judicial Court reversed the order of the trial judge allowing Defendants’ motion to dismiss for lack of personal jurisdiction, holding (1) Massachusetts courts have personal jurisdiction over nonresident individuals who are served with process while intentionally, knowingly, and voluntarily in Massachusetts; and (2) Defendants in this case were served under these circumstances. May 7, 2024 · As amended through May 7, 2024. There is a newer version of the Massachusetts General Laws . Libertarian Association of Massachusetts. To Contact Us: Email: [email protected] Mail: 152 Westbrook Rd. (1) Amending as a Matter of Course. Feb 2, 2018 · One of the three restaurants also sued Commercial, alleging commercial negligence for selling a policy with a virus exclusion in it. Such mistaken beliefs are predicated on the jobs the Romani obtained during their constant travels. Georgia Code § 9-10-132 - Amendment of Misnomers on Motion All misnomers, whether in the Christian name or surname, made in writs, pleadings, or other civil judicial proceedings, shall, on motion, be amended and corrected instanter without working unnecessary delay to the party making the same. 12(b)(8) based on this misnomer. If the person named in a complaint actually exists but has no interest in the lawsuit, mistaken identity applies and the plaintiff must satisfy the Code Section 2-616(d) factors. The notice must state that if the tenant has not received an eviction notice for non-payment of rent within the past 12 months, the tenant can avoid eviction by paying the past due amount of rent within 10 days of receiving the notice. In a case of misnomer – a The Sherwin Law Firm The Schrafft’s Center Power House 529 Main Street, Suite P-200 Charlestown, MA 02129 (617) 336-3236 (p) (617) 284-6089 (f) adam@sherwinlawfirm. It was affiliated with the national Libertarian Party from its founding until 2022, and is now affiliated with Liberal Party USA. 11 Beacon St, Suite 410, Boston, MA 02108 Phone: 617-939-0800 Paid for by the Massachusetts Democratic Party. (b) Misnomer of a party is not a ground for dismissal but the name. [any] matter constituting an avoidance or affirmative defense. You’d be surprised at how many things we call by the wrong names. 2-401) Sec. Jan 8, 2015 · Now, a person can have an interested party be a witness to their will here in Massachusetts; as state law does allow this. Designation of parties - Misnomer. This document must tell you why the landlord is evicting you and why your landlord terminated your tenancy. Killoran ("Killoran"), commenced this tort action on July 6, 2010 to recover for injuries allegedly sustained in an automobile accident on January 29, 2004. 96, 97-98; Chace v. A party may amend its pleading once as a matter of course no later than: (A) 21 days after serving it, or (B) if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier. R. 2-401. Britton, and Massachusetts Educational Financing Authority. --F. John Corporation (1998) Mass. 212, § 3 or in the District Court as set forth in G. Additionally, under the recent holding of Richmond v. The Advisory Committee's Note indicates that the primary reason for the 1966 amendment Rule 46. 2,930 likes · 43 talking about this. Citron (1977) 372 Mass. 735 ILCS 5/2-401(b). Code § 8. . Experience with survey equipment including GPS, robotic Total Stations. But those situations are rare and are discussed in a later column. I got it playing golf. 5 days ago · Section 17. Thank you! Looking forward to planning the perfect Pop Up Party for you! Need questions answered quickly? Send me a text 774. In most cases, if the party can be identified or found out, regardless of the misnomer, the mistake will not void the contract, or cause a dismissal FOOTNOTES. Unless specifically required by rule or statute, a party is not required to verify a pleading, as the signature of the party or attorney suffices. v. Steve currently serves as the President and Chief Executive Officer of the Edward M. The official Facebook page of the Libertarian Party of Massachusetts. 2004)] A misnomer can be corrected by amendment. An eligible voter can take any number of quizzes to see where their views fall on the political spectrum. ”. App. The plaintiff, Frank J. (a) Death. jurisdiction, venue, service of process, misnomer of party, or prior pending action. Lieutenant Governor. A misnomer is a name that is incorrectly applied to something. Rule 30 - Substitution of Parties. He shall not be acquitted by reason of an immaterial misnomer of a third party, an immaterial The first step in the eviction process is to end the tenancy with a Notice to Quit (see Find out how to start the eviction process for more information). of any party may be corrected at any time, before or Misnomer definition: a misapplied or inappropriate name or designation. Connect with me on LinkedIn. 11 (a). (3) Venue. 2d 102, 104 (Ill. Misjoinder of parties is not ground for dismissal of an action. See G. FN12. 50 , 52 , 59 and 60 are subject to Rule 9A. Welcome! Dec 31, 1990 · The rule that misnomer is not a ground for dismissal is a narrow one and applies only where an action is brought and summons is served upon a party intended to be made a defendant. BRENNAN, P. A defense of lack of jurisdiction over the person, improper venue, insufficiency of process, insufficiency of service of process, misnomer of a party, or pendency of a prior action is waived (A) if omitted from a motion in the circumstances described in subdivision (g), or (B) if it is neither made by motion under this rule nor included in a Jun 20, 2022 · General Information for Complaints and Motions. Ct. T. " Concord now seeks dismissal of the complaint under Mass. (a) The party commencing an action shall be called the plaintiff. ©2024 Massachusetts Democratic Party. 218, § 1 and G. Subject to section twenty of chapter two hundred and sixty, alias or 735 ILCS 5/2-401. , 410 Mass. 21. The Green Party of the United States. In 1816, James Monroe, a Democratic-Republican, won a landslide victory against the Federalist candidate, Rufus King, signaling the decline of the Federalist Party, which had opposed the War of 1812. After the notice period has ended, and the tenancy has been terminated, you can start an eviction case against the tenant. 01 of the Rules of Civil Procedure. ) “When (7) Failure to join a party under Rule 19; (8) Misnomer of a party; (9) Pendency of a prior action in a court of the Commonwealth; (10) Improper amount of damages in the Superior Court as set forth in G. Britton ( Carolyn ) was the sole owner of the condominium. The parties agree that "The Concord Group Insurance Company" is a misnomer, and that the correct name of the company that issued Jones's automobile policy is "Concord General Mutual Insurance Company. Our goals are to overthrow the capitalist system of exploitation and the many injustices it perpetuates, to establish working class political power, and to build a socialist economy that prioritizes the needs of people and planet over the profit-driven interests of capital. 109 (2016) (delay and activity forfeited objection to personal jurisdiction). Re: Misnomer of a party. Sep 1, 1990 · Rule 71 - Misnomer of Pleading. 1 day ago · Section 35: Variance; prejudice. 2022 2021 2020 2019 He shall not be acquitted by reason of an immaterial misnomer of a third party In Massachusetts, 56% of voters are registered as "unenrolled. A misnomer arises when the proper party is incorrectly named, and not when there is a mistake in a party's identity. P. “When businesses are being sued, it is not uncommon for the name of the defendant to be stated inexactly. " Consider each of the below affirmative defenses--does it potentially Feb 1, 2016 · The plaintiff can correct a misspelled defendant’s name at any time, even after judgment. 60 (2016). The court explained that misnomer is an exception to this general rule and that while misidentification is also an exception to the general rule, it is a more limited one. 11 (e) (amended eff 9/1/21). (a) Death of a Party. Oct 3, 2016 · Massachusetts man founds political Pizza Party. Rule 15 of the North Carolina Rules of Civil Procedure states that courts should freely allow amendments to complaints “when justice so requires. The motion for substitution may be made by any party or by the representative of the deceased party and, together with the notice of hearing, shall Misnomer definition: a misapplied or inappropriate name or designation. Ziabicki, 468 Mass. 8(c) requires a party to "set forth affirmatively . St. History. In addition, it has been applied to add a real party in interest or to join a party subject to compulsory joinder, also when the abate when a public officer who is a party in an official capacity dies, resigns, or otherwise ceases to hold office while the action is pending. and leave shall be freely given when justice so requires. 212, §3 or in the District Court as set forth in G. BOSTON (AP) — Josh Freeman is searching for his slice of the Massachusetts electorate. > > Read More. The table also indicates the historical party composition in the: Aug 24, 2017 · Misnomer: Definition and Examples. If the statute of limitations has run on a new claim, Rule The Libertarian Party of Massachusetts, Boston, Massachusetts. Strathmore moved to dismiss the claims against it pursuant to Mass. The Era of Good Feelings marked a period in the political history of the United States that reflected a sense of national purpose and a desire for unity among Americans in the aftermath of the War of 1812. At the hearing explain to the judge that none of the allegations has changed only the plaintiff's name has changed. Pleadings shall be docketed as originally designated and shall remain identified as designated, unless the court orders redesignation. 1 Motions to add defendants or correct names of parties are often brought Jul 11, 2012 · omitted). Kennedy Community Health Center. The Libertarian Association of Massachusetts ( LAMA ), previously known as the Libertarian Party of Massachusetts, is a libertarian political party in Massachusetts. He has dedicated his life to public service, from local government to the State House and the halls of Congress. The court stated that both state and federal law allow for a subsequent pleading to relate back to an original pleading, although the standards vary under each law. § 893. The answer lies in whether Mr. Rule 25 - Substitution of Parties. Spontaneous order, not central planning. Coldwell Banker Mortgage, Randy A. 218, §19. Hiring multiple candidates. Loosely, the term describes a traveler of exotic origins, believed to have tricks up his/her sleeves and magical charms at the tips of his/her fingers. Ability to read and interpret plans. At the beginning of the litigation, Carolyn P. Note the word “formal”—evictions are not casual things. Auditor. Jul 17, 2021 · Thank you for your desire to get involved with the American Solidarity Party in your state. 226, 227-228 (Va. the name of a party; the complaint is being amended to correct the misnomer; the “new” party was the intended party all along; and the “new” party was on notice of the claim during the limitations period. [1] Amendment of the complaint to add a party or to correct a misnomer is authorized by section 473, Code of Civil Procedure. Stone actually corrected a “misnomer” of the original Defendant or named a new Defendant altogether. Stat. ao ar sw va kp of vx ub np kt