Bernson

May the authors of an allegedly defamatory writing who conceal their identities be equitably estopped from pleading the statute of limitations in a libel action? We conclude that equitable considerations may justify an estoppel where the libeled individual neither knew, nor through the exercise of reasonable diligence should have discovered, the identity of the authors. In light of our conclusion, we shall remand the matter for a determination of the question of plaintiff’s diligence and related issues.

I. Facts

The trial court in this matter sustained a demurrer and granted a summary judgment on the same ground, to wit, that the action was barred by the *929 statute of limitations. In reviewing the demurrer, we accept as true all material allegations of the complaint. (Shoemaker v. Myers (1990) 52 Cal.3d 1, 7 [ 276 Cal.Rptr. 303 , 801 P.2d 1054 , 20 A.L.R.5th 1016 ].) In reviewing the summary judgment, we independently examine the supporting and opposing papers to determine whether they reveal any material issue of fact and whether the moving party was entitled to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c); Molko v. Holy Spirit Assn. (1988) 46…

When a person who is the subject of a defamatory report has obtained a copy of the report, but does not know who prepared it, how long can he or she wait to file suit? California law requires the person to file a complaint within one year after he or she knows facts sufficient to state a cause of action for libel. The fact that the defamed person does not know who prepared the report does not change this rule, because California’s fictitious name or “Doe” pleading procedure protects plaintiffs who do not know who has wronged them, by permitting them to designate by a fictitious name any defendant whose identity is not known when the complaint is filed. Here, plaintiff ignored this established procedure, and waited to file this lawsuit until more than three years after he knew the facts necessary to state a cause of action for libel, and over two years after the statute of limitations had expired on his claim.

The majority concludes that if the persons responsible for the defamatory report concealed their identities from plaintiff the statute of limitations *939 should not bar this action. The majority’s theory is that the concealment of identity would prevent plaintiff from…

May the authors of an allegedly defamatory writing who conceal their identities be equitably estopped from pleading the statute of limitations in a libel action? We conclude that equitable considerations may justify an estoppel where the libeled individual neither knew, nor through the exercise of reasonable diligence should have discovered, the identity of the authors. In light of our conclusion, we shall remand the matter for a determination of the question of plaintiff's diligence and related issues.

The trial court in this matter sustained a demurrer and granted a summary judgment on the same ground, to wit, that the action was barred by the statute of limitations. In reviewing the demurrer, we accept as true all material allegations of the complaint. ( Shoemaker v. Myers (1990) 52 Cal.3d 1, 7 [ 276 Cal. Rptr. 303 , 801 P.2d 1054 , 20 A.L.R.5th 1016 ].) In reviewing the summary judgment, we independently examine the supporting and opposing papers to determine whether they reveal any material issue of fact and whether the moving party was entitled to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c); Molko v. Holy Spirit Assn. (1988) 46…