Streicher

Plaintiff appeals from a judgment of dismissal entered after defendants’ demurrer to an amended complaint was sustained without leave to amend on the ground the statute of limitations barred the action. We reverse.

Facts

On October 4, 1979, plaintiff Frank Streicher filed a complaint for personal injuries sustained on July 16, 1979, at a construction site when certain radio-controlled overhead garage doors opened causing him to fall from the scaffolding upon which he was working. The complaint named as defendants Shippers Development Company (general contractor), Salinas Steel Builders, Inc. (subcontractor), Jack’s Overhead Door Company, Inc. and John Hendrix (independent contractors and installers of the electronic doors), as well as four fictitious business entities (Black, White, Blue, and Grey Companies), three fictitious individuals comprising Grey Company as a partner ship (Does One, Two, and Three), and ninety-seven additional fictitious defendants (Does Four through One Hundred).

The first paragraph of the complaint alleged that the true names and capacities of the fictitious defendants were unknown to plaintiff, but stated that when these were ascertained…