 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
TRW Vehicle Safety Systems12/5/2003
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
By the Court:
By petition for extraordinary relief, TRW Vehicle Safety Systems, Inc. (TRW VSSI) challenges an order of the San Mateo County Superior Court overruling its demurrer to the first amended complaint of real parties in interest (plaintiffs) in a pending personal injury /wrongful death action. TRW VSSI contends respondent court erroneously permitted plaintiffs to substitute it for a fictitious Doe defendant (Code Civ. Proc., § 474) after the applicable statute of limitations (former § 340, subd. (3)) had run. Although writ review of rulings at the pleading stage is disfavored, it is appropriate where, as here, the error is clear and substantially prejudices petitioner. (Grange Debris Box & Wrecking Co. v. Superior Court (1993) 16 Cal.App.4th 1349, 1360.)
Since the parties are familiar with the background of this case, we do not reiterate it here. (People v. Garcia (2002) 97 Cal.App.4th 847.) Under the relation-back doctrine, plaintiffs may substitute a new defendant for a fictitious Doe defendant after the statute of limitations has expired, only if they were genuinely ignorant of the new defendant's identity at the time the complaint was originally filed. (Woo v. Superior Court (1999) 75 Cal.App.4th 169, 176-177.) In this case, contrary to respondent court's finding, the first amended complaint shows on its face that plaintiffs knew the identity of TRW VSSI at the time they moved to file it, two months before filing the Doe amendment. Real parties do not oppose the petition, and no useful purpose would be served by issuance of an alternative writ, further briefing and oral argument. (Lewis v. Superior Court (1999) 19 Cal.4th 1232, 1240-1241.)
Therefore, let a peremptory writ of mandate issue, commanding respondent, San Mateo County Superior Court in Maryanne Belan et al. v. Ford Motor Company et al. (case No. CIV419981) to vacate its order overruling TRW VSSI's demurrer and to enter a new order sustaining the demurrer without leave to amend. This case is final as to this Court immediately. (Cal. Rules of Court, rule 24(b)(3).)
Page 1 California Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|