Donald Lindley and Rita Lindley v. General Electric Company, Etc., and Stone & Webster Engineering Corporation

Plaintiffs Donald and Rita Lindley filed this personal injury action in California state court within one year as required by the applicable California statute of limitations. Cal.Civ.Proc.Code § 340(3) (West Supp.1985). After the case was removed to federal court on the basis of diversity jurisdiction by defendant General Electric Company, plaintiffs were granted leave to amend their complaint to add Stone and Webster Engineering Corporation (Stone & Webster) as a defendant. Stone & Webster was not served until after expiration of the one-year limitation period.

The district court dismissed the action against Stone & Webster on the ground that it was time-barred. The court applied Federal Rule of Civil Procedure 15(c) and held that the amendment adding Stone & Webster as a defendant did not relate back to the date of the original complaint because Stone & Webster did not receive notice of the action within the one-year limitation period.

Plaintiffs appeal on the ground that their claim against Stone & Webster is not time-barred because California law regarding the naming of Doe defendants, not Rule 15(c), governs. Under California law, a plaintiff who names a Doe defendant in…