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Civil Procedure • Doe Amendments
CIVPRO#041
Legal Definition
California sometimes permits one to sue others under a fictitious Doe designation. This is permitted where: (1) the original complaint is timely filed and contains charging allegations against all defendants, including Doe defendants; (2) the plaintiff is genuinely ignorant of the identity of either (a) a fictitious defendant, (b) the facts giving rise to a cause of action, or (c) the fact that the law provides a cause of action; and *(3)* the plaintiff must plead ignorance in the complaint.
If the plaintiff learns the true identity of the Doe defendant within 3 years, he must amend the complaint to name the defendant and serve them with a summons and complaint. The timing of the filing of the Doe amendments relates back to the timing of the original complaint.
If the plaintiff learns the true identity of the Doe defendant within 3 years, he must amend the complaint to name the defendant and serve them with a summons and complaint. The timing of the filing of the Doe amendments relates back to the timing of the original complaint.
Plain English Explanation
In California, a plaintiff can sometimes sue someone under a fictitious name, called a Doe designation, when they don’t know the identity of the defendant at the time they file the lawsuit. This is allowed under specific conditions:
(1) The original complaint must be filed on time and include allegations against all defendants, even those listed as Doe defendants. This means the plaintiff must already state a claim against unknown defendants when the lawsuit is filed.
(2) The plaintiff must be genuinely ignorant of one of the following:
(a) The identity of the defendant (they don’t know who the person is),
(b) The facts that form the basis of the lawsuit (they don’t yet know enough details to specifically name someone), or
(c) The fact that the law provides a valid cause of action (they weren’t aware they had a legal right to sue).
The plaintiff must clearly state this ignorance in the original complaint.
(3) If, after filing, the plaintiff learns the true identity of the Doe defendant, they have 3 years to amend the complaint to include the defendant’s actual name and to serve them with the lawsuit. The amendment is treated as though it was filed at the same time as the original complaint. This is called relation back, and it ensures the case proceeds as if the defendant had been named from the start.
(1) The original complaint must be filed on time and include allegations against all defendants, even those listed as Doe defendants. This means the plaintiff must already state a claim against unknown defendants when the lawsuit is filed.
(2) The plaintiff must be genuinely ignorant of one of the following:
(a) The identity of the defendant (they don’t know who the person is),
(b) The facts that form the basis of the lawsuit (they don’t yet know enough details to specifically name someone), or
(c) The fact that the law provides a valid cause of action (they weren’t aware they had a legal right to sue).
The plaintiff must clearly state this ignorance in the original complaint.
(3) If, after filing, the plaintiff learns the true identity of the Doe defendant, they have 3 years to amend the complaint to include the defendant’s actual name and to serve them with the lawsuit. The amendment is treated as though it was filed at the same time as the original complaint. This is called relation back, and it ensures the case proceeds as if the defendant had been named from the start.