Motor City Sales v. Superior Court

In this case the court is concerned with the permissible method of pleading a plaintiff’s ignorance of the true name of a fictitiously designated defendant under Code of Civil Procedure section 474.

Laurier Proulx, real party in interest, on February 27, 1970, filed an action for personal injuries against several named and fictitiously designated defendants. As to the latter, the complaint states: “Defendant Does I through XXV, inclusive, are sued herein pursuant to the provisions of Section 474 of the California Code of Civil Procedure.”

On October 19, 1972, petitioner, Motor City Sales, was served as Doe XIII. Petitioner filed a timely notice of motion to quash the service of summons and a motion to dismiss pursuant to Code of Civil Procedure section 418.10. The motion was denied. Thereupon petitioner filed this petition in mandate requesting an order commanding the Superior Court of Kern County to issue its order quashing service of summons and dismissing the action as to petitioner. Petitioner argues that the superior court lacked jurisdiction over it because it was not properly designated as a fictitious defendant in the complaint. (Maier Brewing Co. v. Flora Crane…