Docket No. 11592.

267 Cal.App.2d 167 (1968)

72 Cal. Rptr. 832

VICTOR E. BRECEDA, Plaintiff and Appellant, v. JAY F. GAMSBY, Defendant and Respondent.

Court of Appeals of California, Third District.

November 4, 1968.

Attorney(s) appearing for the Case

Richard E. Crow and Hurley & Bigler for Plaintiff and Appellant.

Sedgwick, Detert, Moran & Arnold, Edward T. Moran, Mitchell & Henderson, and Roger W. Sleight for Defendant and Respondent.


This is a pleading case. The trial court held that the statute of limitations had barred the action against the defendant Jay F. Gamsby. The original complaint was filed before the running of the applicable statute of limitations (Code Civ. Proc., § 340, subd. 3 — one year). Doe defendants were named under Code of Civil Procedure section 474, which permits unknown defendants to be sued originally under fictitious names with their true names...

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