Pelayo

INTRODUCTION

In this case, we deal with the “do’s and don’ts” of Does. Code of Civil Procedure section 474 authorizes a plaintiff, who is ignorant of the true name of certain defendants, to name them as fictitious, or “Doe,” defendants. Upon discovering a Doe defendant’s true identity, the plaintiff must amend the complaint to allege the defendant’s true name, “provided, that no default or default judgment shall be entered against a defendant so designated” unless two requirements are met. First, the summons must bear “on the face thereof a notice stating in substance” that the served person is being sued “under the fictitious name of’ a specific, designated Doe defendant. Second, the proof of service filed with the court “must state the fictitious name under which such defendant was served and the fact that notice of identity was given by endorsement upon the document served as required by this section.”

Here, plaintiff Rigoberto Guzman Pelayo amended his complaint to designate defendant J. J. Lee Management Co., Inc. (JJLM), as fictitious defendant “Doe 4.” After JJLM failed to file a responsive pleading, plaintiff obtained clerk’s entry of default against JJLM and a…