Parker

In this personal injury action plaintiff and appellant John E. Parker appeals following the sustaining of a demurrer, without leave to amend, to appellant's amended complaint against defendant and respondent Robert E. McKee, Inc. (1) (See fn. 1.) The basis of respondent's demurrer was that appellant's amended complaint improperly invoked the Doe defendant procedure of Code of Civil Procedure section 474 to avoid the statute of limitations. [1]

We reverse. (2) Although appellant knew respondent's identity when appellant filed the original complaint, appellant has alleged he was ignorant of respondent's legal capacity (as the general contractor on the construction project where appellant was injured). While still ignorant of respondent's legal capacity in connection with the accident, appellant named but then mistakenly dismissed respondent from the suit. We hold in these circumstances appellant is not precluded from using the Doe defendant procedure to bring respondent back into the suit after the statute of limitations has run.

Appellant was a security guard at TRW in Redondo Beach. On November 13, 1987, while the TRW building was being remodeled, appellant…