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0729 The statute giving a plaintiff 1 year to file a new action after the reversal, other than on the merits, of a previously favorable judgment does not apply to the reversal of an order permitting amendment of a complaint unless (1) plaintiff diligently pursued her claim; (2) lack of a forum for resolution of the claim resulted from forces outside plaintiff's control; and (3) no prejudice results to defendant.CitationHULL v CENTRAL PATHOLOGY (Pap Smear) 28 CA4 1328 [See: CCP 355, 425.13; Central Pathology v SuperCt 3 C4 181, T/AT 10/92; Bollinger v National 25 C2 399; Wood v Elling 20 C3 353]
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