Legal Question in Personal Injury in California

If there was no error in dismissing the defendant (i.e. it wasn't typed wrong), based upon new evidence you would file and serve a motion to amend the complaint to rename one of the DOE defendants as the dismissed defendant.

I disagree with Mr. Cohen. You don't use a DOE to name a defendant you properly named from the beginning. DOES are for defendants whose identity you do not know, not mistakes. Depending on the procedural posture, you are either going to file a motion for leave to file an amended complaint, or a motion to set aside the dismissal based on mistake, etc.