Can a plaintiff who is ignorant of the identity of a defendant file a complaint before the statute of limitations has expired?

California, United States of America


The following excerpt is from Joslin v. H.A.S. Ins. Brokerage, 184 Cal.App.3d 369, 228 Cal.Rptr. 878 (Cal. App. 1986):

The fictitious name statute (Code Civ.Proc., 474) enables a plaintiff who is ignorant of the identity of a defendant to file a complaint before the action is barred by the statute of limitations. When the defendant's identity is ascertained, it may be alleged in an amended complaint which will relate back to the date of filing of the original complaint, provided it seeks recovery on the same general set of facts. (Smeltzley v. Nicholson Mfg. Co. (1977) 18 Cal.3d 932, 934, 136 Cal.Rptr. 269, 559 P.2d 624.)

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