DIECKMANN v. SUPERIOR COURT

Docket No. B011450.

175 Cal.App.3d 345 (1985)

220 Cal. Rptr. 602

WILLIAM HENRY DIECKMANN, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; INTERNATIONAL HARVESTER CORPORATION, Real Party in Interest.

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

December 6, 1985.


Attorney(s) appearing for the Case

COUNSEL

John W. Parker for Petitioner.

No appearance for Respondent.

Harrington, Foxx, Dubrow, Canter & Keene, David H. Canter, Dale B. Goldfarb, Brian L. Goller and Mark W. Flory for Real Party in Interest.


OPINION

WOODS, P.J.

By petition for writ of mandate, a plaintiff in a civil action seeks to vacate the granting of a defendant's motion for judgment on the pleadings. The motion was granted due to the absence, in the original complaint, of an allegation that the true names of the fictitiously named defendants were unknown to plaintiff.

The question of first impression raised is whether the failure to comply with the requirement...

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