PRETRIAL ADJUDICATION
...Pleading
......Complaints
.........Fictitious Defendants
............Relation Back to Date Complaint Filed
5 Cards On This Topic:
  • SJ for D reversed where triable issue of fact whether, when P filed medmal complaint, he was ignorant of facts giving rise to C/A against doctor later substituted for Doe D; SOL not to be confused with CCP 474.
  • Original complaint set forth cause of action against fictitious Ds, meeting requirement for relation back.
  • New D may be added by amendment long after original SOL has expired, because amendment is deemed to relate back to filing of original complaint
  • Effect of amending in true name for Doe makes D a party as if he had been named in original complaint.
  • Amendments and relation back.