PRETRIAL ADJUDICATION
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Pleading
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Complaints
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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.