Wallis

Douglas R. Wallis appeals from an order dismissing his complaint with prejudice after the granting of a motion to strike the complaint. The pleadings disclose that on May 15, 1975, Wallis filed a complaint for personal injuries, naming as defendants “Doe One through Doe Twenty.” The complaint alleged that by reason of the negligent manufacture, operation and maintenance of certain equipment by the Does, Wallis sustained personal injuries on August 7, 1974. The complaint was served on respondent, Southern Pacific Transportation Company, as Doe One on August 7, 1975. On September 23, 1975, respondent filed a motion to strike the complaint, contending that it could not be properly served as a Doe under California Code of Civil Procedure section 474, and that Wallis’ cause of action was barred by the statute of limitations in that the action had not been commenced within one year from August 7, 1974. (Code Civ. Proc., § 340, subd. 3.) It is from the granting of that motion and subsequent dismissal that Wallis appeals.

The motion to strike the complaint was supported by an affidavit of the attorney for respondent, who declared that he was “informed and believes” that Wallis…