Searle

Robert B. Searle (Searle) petitions this court for a writ of mandate and/or prohibition restraining the trial court from taking any further proceedings except to dismiss as against him the personal injury action filed by the real party in interest Kenneth Hester (Hester).

Los Angeles Police Department (LAPD) Sergeant Searle and his partner Officer Sims (Sims) arrested Hester on October 3, 1975, and an altercation ensued. Thereafter, Hester filed the civil action involved herein on July 15, 1976, alleging assault, battery and false imprisonment by the City of Los Angeles (City), Sims and Does 1-15, and demanding punitive damages. Searle was not named as a party defendant.

On February 29, 1980, six months past the three-year limitation period provided for in Code of Civil Procedure section 581a, subdivision (a), Hester sought, and received on April 10, 1980, an order from the trial court permitting him to serve Searle. Hester represented to the trial court that the City had concealed Searle’s identity during the three-year period.

Following this ruling by the trial court, Searle noticed a motion on September 10, 1980, to dismiss the action for lack of prosecution, which…