Ellen Molnar v. National Broadcasting Company, Inc., a Corporation

This action was brought by plaintiff against defendants described in the original title as follows: “National Broadcasting Company, Inc., a corporation, Doe 1-X, Defendants.” As to these defendants it is alleged:

Jurisdictional amount is properly alleged. It is set up that “defendants” owned, operated, managed and controlled a building containing a stairway located in Los Angeles, California. It is alleged that plaintiff was injured by a fall on this stairway, which was carelessly and negligently maintained by “defendants.” The trial court dismissed the complaint because it did not appear clearly that none of the persons named as “Does” was a citizen of California. The dismissal was without prejudice. The order of the trial court dismissing the action reads as follows:

This appeal followed.

Unquestionably, if plaintiff had offered to amend by striking “Doe 1-X” from the title and the allegations relating to these from the complaint even after the order was entered, the court would have permitted the order to be set aside and the cause to proceed. A complaint defective in allegation of diversity of citizenship can be amended to show the true state of facts even in the United…