(DOWNLOAD) "Coleman v. Mora" by Fourth Appellate District, Division One Court of Appeal of California # eBook PDF Kindle ePub Free
eBook details
- Title: Coleman v. Mora
- Author : Fourth Appellate District, Division One Court of Appeal of California
- Release Date : January 14, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
This is a pleading case. The trial court held that the statute of limitations had barred the action against the defendant Jay F. Gamsby. The original complaint was filed before the running of the applicable statute of limitations (Code Civ. Proc., § 340, subd. 3 -- one year). Doe defendants were named under Code of Civil Procedure section 474, which permits unknown defendants to be sued originally under fictitious names with their true names substituted when ascertained. Gamsby was named, substituted and served as a Doe defendant, and two amended complaints were filed, all more than one year after the accident-producing injuries had occurred. The court found the procedure adopted as applied to Gamsby was improper. We disagree. Preceded by basic facts our reasoning, supplemented by additional facts, will be discussed under appropriate headings below.