PRETRIAL ADJUDICATION
...Pleading
......Complaints
.........Fictitious Defendants
............Doe Ds: Policy & Purpose
7 Cards On This Topic:

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

Purpose of allowing "Doe" pleading is to permit P to bring suit before SOL bars action.

Naming fictitious Ds benefits P by avoiding 1-year statute of limitation bar.

Code Civ. Proc. §474 must be liberally construed to enable P to avoid SOL where ignorant of D’s identity.

Cases should be decided on merits; fictitious D practice furthers policy.

Purpose of allowing "Doe" pleading is to permit P to bring suit before SOL bars action.

P ignorant of identity of D may name that person fictitiously as "Doe."