PRETRIAL ADJUDICATION
...Pleading
......Amendments
.........Types
............Doe Defendants
 8 Cards On This Topic:
  • P may name fictitious Ds in the complaint and later amend to substitute true names.
  • No error in granting Doe Ds' Barrows motion to quash where M unreasonably delayed filing/serving Doe amendments, and Doe Ds "brought into this spinning vortex shortly before the trial."
  • Statute of limitations against unknown D tolled when CCP 364 (a) notice served on known potential Ds in medical malpractice case.
  • Medical malpractice P, unaware of name of doctor and of facts giving rise to cause of action, should have been allowed to amend complaint to substitute physician as fictitiously named D after SOL expired.
  • D timely added as D when notice of intent served within 90 days of expiration of limitations period and SOL extended 90 days.
  • SOL does not bar amendment to substitute seat belt manufacturer as Doe D where P ignorant of basic facts giving rise to claim.
  • Courts of Appeal of 20th Century are uniform in view that Code Civ. Proc. §474 must be liberally construed.
  • Amended complaint must state new Ds are substituting in for fictitious Ds; failure to do so is curable error.


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