Can a plaintiff amend a complaint to add a new defendant after the statute of limitations has run?

California, United States of America


The following excerpt is from Ghaffarpour v. Nematpour, B290188 (Cal. App. 2019):

7. A complaint "may not be amended to add a new defendant after the statute of limitations has run. [Citations.] The only exception to this rule is when the original complaint states a cause of action against a Doe defendant and the plaintiff is unaware of the true identity of that party at the inception of the suit. Upon ascertaining the true name of the Doe defendant, the plaintiff may amend the complaint even after the expiration of the statute of limitations. [Citations.]" (McGee Street Productions v. Workers' Comp. Appeals Bd. (2003) 108 Cal.App.4th 717, 724-725.)

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