Schroeter

Schroeter v. Lowers

Good Law
1968 Cal. App. LEXIS 1904·260 Cal. App. 2d 695·67 Cal. Rptr. 270
Court of Appeal of CaliforniaApril 1, 1968Civ. 31194California1,991 words

Opinion

Opinion

Stephens, J.

—This appeal is from the order granting defendant’s motion for summary judgment and dismissing the complaint.

The ground of the decision was that the action alleged was barred by the statute of limitations, Code of Civil Procedure, section 340.

The original complaint was filed December 16, 1964, and alleged in substance that on December 20, 1963, the plaintiff Sehroeter was the driver and occupant of a. motor vehicle; that she was stopped on Vincent Avenue at or near the intersection of Walnut Creek Parkway in the City of West Covina; that plaintiff Fenenboek was a passenger in the auto with plaintiff Schroeter; that at the said time and place, defendant Patricia Ann Calvert drove a vehicle in such a negligent manner so as to cause it to collide with the vehicle in which plaintiffs were occupants; that plaintiffs were injured.

In addition to the causes of action (one for each plaintiff) specifically naming Calvert the defendant and alleging her negligence, Does I, II, and III were named defendants. Except" for the listing paragraph naming the Does as defendants, there is no allegation of negligence of any Does.

On February 3, 1965, an amendment to the complaint (under Code…

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