MILLER v. THOMAS

Docket No. 58459.

121 Cal.App.3d 440 (1981)

175 Cal. Rptr. 327

DONNA L. MILLER, Plaintiff and Appellant, v. JERRY PATRICK THOMAS, Defendant and Respondent.

Court of Appeals of California, Second District, Division Four.

July 10, 1981.


Attorney(s) appearing for the Case

COUNSEL

Frank M. Moore for Plaintiff and Appellant.

Hill, Genson, Even, Crandall & Wade and William R. Lowe for Defendant and Respondent.


OPINION

FILES, P.J.

The critical issue in this appeal is whether a person who is knowingly omitted from a complaint may be joined as a fictitiously named party after the statute of limitations has run. We conclude that under the circumstances of this case the answer is negative and that the trial court correctly dismissed the action as to that party.

This appeal is from a summary...

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