Plaintiff moved to amend the Complaint on December 15, 1989. In the Amended Complaint the plaintiff moved to substitute Greenbelt, Inc. and add Megacorp as a defendant. Greenbelt, Inc. has taken the position that it was not served until it received the Amended Complaint at its corporate office on December 16, 1989. The Amended Complaint added a valid federal civil rights claim as a Third Claim for Relief, a proper Statement of Federal Jurisdiction and proper state claims. Greenbelt, Inc. and Megacorp seek to dismiss the Amended Complaint as beyond the statute of limitations.
All claims have a one year statute of limitations.
Inc. b. Megacorp. Inc. b. Megacorp. Assume that Greenbelt did file pre-answer motions and they were denied. Assume further that the trial court found that the Amended Complaint is sufficient on its face, and that it properly states federal and state claims against Greenbelt, Inc. and Megacorp. Defendants have filed an answer to the Amended Complaint that includes general denials of all allegations in the Complaint, a motion to dismiss for improper venue and a motion to dismiss for failure to join Slick as a defendant.