Turner

BACKGROUND

Underlying Tort Loyed Turner was killed in a vehicle collision negligently caused by Luciano Magini. While traveling northbound, Magini crossed over a double yellow line on State Highway 65 and collided with Loyed Turner’s southbound vehicle. Defendant Jennifer Hernandez was allegedly driving a third vehicle also involved in the collision. Pleadings and Service In the original complaint, filed August 3, 2007, plaintiff sued Luciano, Jennifer Hernandez, appellant Hertz and Does 1-25. The complaint alleged that Hertz “entrusted” and “owned the motor vehicle” involved in the collision. 1 In a first amended complaint, filed September 10, 2007, plaintiff named “The Estate of Luciano Magini” as Doe 1. The amended complaint added allegations that defendant had, as a matter of law, appointed the Director of the Department of Motor Vehicles as his attorney for service of process. (See Veh. Code, § 17451.) In a letter to plaintiff’s counsel dated December 6, 2007, Hertz’s counsel stated “it is probable that I will be appearing for Magini when service is complete on Magini.” In a second amended complaint filed September 28, 2009, plaintiff alleged that “The defendants who…