Legal Question in Personal Injury in California

Re: Judicial Summons Term in a Case We're Being Sued

Well first of all, it sounds like you should contact an attorney to help you with this matter. DOES are placed in a pleading in case other individuals are found that should also be named as defendants in the matter, unknown to plaintiff when complaint filed. If statute of limitation runs the plaintiff can ask the court to replace a DOE named in the original complaint with the name of the new defendant and the statute of limitations should not then be a problem. If DOES are not listed, all defendants to be named in the suit must be brought into the case within the limitation period for whatever claim is being made. Call to discuss 800-685-6950

Re: Judicial Summons Term in a Case We're Being Sued

Others gave the best answers.

Re: Judicial Summons Term in a Case We're Being Sued

It means that the plaintiff feels there might be other people who are liable but who cannot be identified at the moment. Suing these people under the fictional name of John or Jane Doe leaves the option of later amending the pleadings to replace one or more of these unnamed people with an identifiable person or entity.

The plaintiff in your first case now has the option of later adding as many as ten additional defendants, and the plaintiff in the second case may add up to fifty.

The fact that a plaintiff includes Doe defendants in a complaint doesn't mean that he or she really believes other defendants will be identified in the future. Lawyers simply add Does as a matter of course just in case they need this option later. I always name Doe defendants in my complaints, even if I have no reason to think anyone else is liable; I have rarely added a named defendant in place of one of the Does.

Re: Judicial Summons Term in a Case We're Being Sued

"Doe" defendants are fictitious names, in case the party suing you doesn't know the names right now of all of the potential defendants.

If you are not in Kern County, you might have a right to have the case transferred to the county in which you reside, depending upon the issues involved. You should speak with an attorney about this, since it could be costly in terms of time and money to have to travel to another location. If it involves an auto accident, you are advised to tender the lawsuit to your insurance carrier.