Garrett

The trial court sustained the demurrer of the respondent Crown Coach Corporation (hereinafter Crown) to the second amended complaint upon the ground that the action was barred by the one-year limitation provided in Code of Civil Procedure section 340, subdivision 3.

The single question presented here is whether plaintiff’s original complaint made Crown a party from the commencement of the action under Code of Civil Procedure section 474.

The action was commenced on February 23, 1965, to recover damages for injuries allegedly sustained when plaintiff’s vehicle was struck by a school bus on June 24, 1964. The original complaint names as parties defendant the Board of Education, two school districts, Richard Keeley, Dwayne Lind, Doe One, Doe Two, Doe Three, Doe Four and Doe Five. The first paragraph of -that complaint is as follows: 11 That the true names ór capacities,' whether individual, corporate, associate or otherwise of defendants Doe One to Doe Five are unknown to the plaintiff, who therefore sues said defendants by such fictitious names, and will ask leave' of court to amend his complaint to show their true names and capacities when the same have been ascertained.…