PRETRIAL ADJUDICATION
...Pleading
......Complaints
.........Fictitious Defendants
............Naming Doe Defendants
7 Cards On This Topic:

P may name fictitious Ds in complaint and later amend to substitute true names.

Courts of Appeal of 20th Century are uniform in view that Code Civ. Proc. §474 must be liberally construed.

Code Civ. Proc. §474 is liberally construed to allow Ps to move forward with suits.

Under Code Civ. Proc. §474, P not required to use reasonable diligence to ascertain identity of fictitious Doe or facts giving P cause of action against Doe.

Amended complaint must state new Ds are substituting in for fictitious Ds; failure to do so is curable error.

New D may prevent P from using fictitious D practice by proving P dilatory and as a result D suffered specific prejudice.

Prompt amendment substituting true name of "Doe" defendant is required after name discovered.