Thomas

The critical issue in this appeal is whether a person who is knowingly omitted from a complaint may be joined as a fictitiously named party after the statute of limitations has run. We conclude that under the circumstances of this case the answer is negative and that the trial court correctly dismissed the action as to that party.

This appeal is from a summary judgment rendered in favor of defendant Jerry Patrick Thomas against plaintiff and appellant Donna L. Miller. The facts material to the decision here are not in dispute.

The action arose out of an automobile accident which occurred May 30, 1975, at approximately 4 a.m. on a highway in Los Angeles County. Plaintiff Miller was driving an automobile which was struck from the right side by an automobile driven by defendant Thomas. After the collision plaintiff remained seated in her vehicle and Thomas approached on the driver’s side. He identified himself as an undercover narcotics officer for the Los Angeles City Police Department and stated that the vehicle which he was driving was an unmarked police vehicle. The parties exchanged drivers’ license numbers. Plaintiff also spoke with Thomas by telephone the day…