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Phillips v. Gieringer3/11/2005
(c)(2) are satisfied. In the same manner in which there is a presumption that Carl had imputed notice of the action through State Farm, because he and his father were insured under the same policy, there is a presumption that Carl had imputed knowledge that he was the party who should have been sued. We therefore conclude that unless Carl can rebut the presumption of imputed notice and knowledge, Phillips's amended complaint substituting Carl Gieringer relates back to the original filing date.
IV. CONCLUSION
We therefore REVERSE the judgment of the superior court and REMAND this case for further proceedings consistent with this opinion.
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