Lipman

The problem in this case is that of applicability of the statute of limitations to an amended complaint, as pleaded by a defendant who plaintiff contends was a fictitiously designated party in the first complaint.

On August 26, 1958, plaintiff filed an action for damages against a school district of which she had been superintendent and against several public officials, some of whom were officers of the district, and some not. The complaint charged a malicious course of conduct which was designed to obtain the removal of plaintiff from her position and resulted in impairing her reputation and standing. Demurrer was sustained, without leave to amend, on the ground of sovereign immunity. The ensuing judgment for defendants was affirmed as to the school district, but reversed as to the individual defendants. (Lipman v. Brisbane Elementary School Dist., 55 Cal.2d 224 [ 11 Cal.Rptr. 97 , 359 P.2d 465 ].)

On March 27, 1961, plaintiff filed her first amended complaint, in which she charges that defendants, including Montie Rice, the sole respondent to this appeal, maliciously interfered with her contract with the school district and slandered her. It is stated in this complaint that…