Olden v. Hatchell
Olden v. Hatchell
Opinion of the Court
George Wayne Olden sued the County of Contra Costa (hereafter the County) and 20 fictitiously named defendants on tort theories, alleging injuries caused by the defendants’ failure to provide him with necessary medical treatment and hospitalization while he was in custody at the county jail. After the applicable statute of limitations set forth in the Tort Claims Act
Pursuant to Government Code section 945.6, a suit against a public entity on a cause of action for which a claim is required to be filed must be commenced within six months of service of notice of rejection of the claim.
Olden presented a timely claim for personal injuries to the County, as required by section 911.2, and stated therein that the names of the public employees responsible for his injuries were unknown to him at that time. The County rejected the claim on or about June 9, 1981, and notice of the rejection was served upon Olden’s counsel. Olden’s complaint, filed Octo
Olden’s amendment substituting the names of the employee defendants for Does I through V was filed on May 12, 1983. On June 21, 1983, the trial court granted the employee defendants’ motion to strike the amendment.
Section 474 provides in pertinent part: “When the plaintiff is ignorant of the name of a defendant, he must state that fact in the complaint, or the affidavit if the action is commenced by affidavit, and such defendant may be designated in any pleading or proceeding by any name, and when his true name is discovered, the pleading or proceeding must be amended accordingly . . . .” It is a well established rule that when a complaint sets forth a cause of action against a defendant designated by a fictitious name and his true name is thereafter discovered and substituted by amendment, he is considered a party to the action from its commencement so that the statute of limitations stops running as of the date the original complaint was filed. (Austin v. Massachusetts Bonding & Insurance Co. (1961) 56 Cal.2d 596, 599 [15 Cal.Rptr. 817, 364 P.2d 681]; Munoz v. Purdy (1979) 91 Cal.App.3d 942, 946 [154 Cal.Rptr. 472]; Cooper v. Jevne (1976) 56 Cal.App.3d 860, 873 [128 Cal.Rptr. 724],)
In Chase, a timely claim for personal injuries was presented to the public entity, the state, and rejected. Within the six-month statute of limitations specified in section 945.6, the plaintiff commenced an action with respect to the accident upon which the claim had been based, naming several specified defendants and a number of fictitiously named defendants. The state was not named as a defendant in the action. After the six-month statutory period had expired, the plaintiff filed an amended complaint, substituting the state for “Doe Twenty.” A demurrer on the basis of the statute of limitations was sustained, and the Court of Appeal affirmed, holding that in the circumstances of that case the plaintiff had not commenced his action against the public entity within the six-month period of limitations, which is mandatory and must be strictly complied with. (67 Cal.App.3d 808, 812-814.) We do not believe that Chase provides logical support for the position of the employee defendants in this case. Clearly the plaintiff in Chase knew the identity of the public entity, as he had filed a claim against it.
The purpose of section 474 is to enable a plaintiff to avoid the bar of the statute of limitations when he is ignorant of the identity of the defendant. (Munoz v. Purdy, supra, 91 Cal.App.3d 942, 946; Motor City Sales v. Superior Court, supra, 31 Cal.App.3d 342, 345.) The statute must be liberally construed to that end. (Ibid.; Barrows v. American Motors Corp. (1983) 144 Cal.App.3d 1, 8 [192 Cal.Rptr. 380]; Miller v. Thomas (1981) 121 Cal.App.3d 440, 444 [175 Cal.Rptr. 327].) Such construction is supported by “the policy favoring liberality in the amendment of pleadings to encourage litigating causes on their merits.” (Marasco v. Wadsworth (1978) 21 Cal.3d 82, 89 [145 Cal.Rptr. 843, 578 P.2d 90]; accord Smeltzley v. Nicholson Mfg. Co. (1977) 18 Cal.3d 932 [136 Cal.Rptr. 269, 559 P.2d 624, 85 A.L.R.3d 121].) One commentator has described the judicial treatment which has been accorded the statute as “the expansive interpretation given to section 474 throughout its history.” (Hogan, California’s Unique Doe Defendant Practice: A Fiction Stranger Than Truth (1977) 30 Stan.L.Rev. 51, 76 [hereafter cited as Doe Defendant Practice].)
Applying the foregoing principles to the present case, we determine that an amendment to a complaint meeting the requirements of section 474 relates back to the date of filing of the original complaint in an action against a public employee or former public employee under the Tort Claims Act. There is no statutory provision precluding application of section 474 to such an action. Had the Legislature intended that the section not apply in such circumstances, it would have said so. Absent such a provision, “the fundamental philosophy that ‘cases should be decided on their merits’ [citations]” (see Smeltzley v. Nicholson Mfg. Co., supra, 18 Cal.3d 932, 939) dictates application of section 474 here. (Cf. Ramos v. Madera (1971) 4 Cal.3d 685, 692 [94 Cal.Rptr. 421, 484 P.2d 93] [“Unless the Legislature has clearly provided for [governmental] immunity, the important societal goal of compensating injured parties for damages caused by willful or negligent acts must prevail.”]; Van Alstyne, Cal. Government Tort Liability Practice (Cont.Ed.Bar 1980) § 2.6, p. 36 [hereafter cited as CEB]; id. (CEB Supp. 1983) p. 3.)
In Munoz v. Purdy, supra, 91 Cal.App.3d 942, 947, the court weighed the competing considerations involved in an application of section 474 and concluded that “[presumedly, the statutory scheme involving [Code Civ. Proc.] sections 340.5 [a one-year statute of limitations], 474 and 581a, subdivision (a), which places a limit of three years after the filing of the action to identify and serve all defendants including the unknown defendant, has been a satisfactory compromise between the harsh effect on a plaintiff of the statute of limitations and the unfairness to a defendant of attempting to litigate a stale claim.” We similarly conclude that the interaction of sec
The order granting the motion to strike the amendment to the complaint is reversed, and the cause is remanded for further proceedings consistent with the views expressed herein.
Poché, Acting P. J., and Haugner, J.,
These interrelated statutory provisions enacted in 1963 (Gov. Code, § 810 et seq.) were not given a “short title” by the Legislature. The terminology “Tort Claims Act” is consistent with judicial practice. (See, e.g., Societa per Azioni de Navigazione Italia v. City of Los Angeles (1982) 31 Cal.3d 446 [183 Cal.Rptr. 51, 645 P.2d 102], cert. den. - U.S. - [74 L.Ed.2d 386, 103 S.Ct. 346]; Wilson v. San Francisco Redevelopment Agency (1977) 19 Cal.3d 555 [138 Cal.Rptr. 720, 564 P.2d 872].)
The respondents are James Hatchell, William Abbey, James Alexander, Donald Crowe, and Elaine Oviatt. They are hereafter referred to as “the employee defendants.”
Since no issues were left to be determined between Olden and the employee defendants, the order granting the motion to strike is appealable as a final judgment. (See Wilson v. Sharp (1954) 42 Cal.2d 675, 677 [268 P.2d 1062]; 3 Witkin, Cal. Procedure (2d ed. 1971) Pleading, § 868, p. 2470.)
All further statutory references are to the Government Code unless otherwise indicated.
The court’s order erroneously recited that it was granting the motion to strike of the County. The motion to strike was actually made by the employee defendants. We deem the wording of the order an oversight and accordingly amend the order to grant the motion of the employee defendants. (Cf. Molien v. Kaiser Foundation Hospitals (1980) 27 Cal.3d 916, 920-921 [167 Cal.Rptr. 831, 616 P.2d 813, 16 A.L.R.4th 518] [judgment amended by Supreme Court to correct oversight and conform to trial court’s intention]; National Indemnity Co. v. Demanes (1978) 86 Cal.App.3d 155 [150 Cal.Rptr. 117] [judgment amended by appellate court to incorporate actual decision of trial court].)
For the rule to apply, it is necessary that the plaintiff actually be ignorant of the name or identity of the fictitiously named defendant. (Munoz v. Purdy, supra, 91 Cal.App.3d 942, 947; Motor City Sales v. Superior Court (1973) 31 Cal.App.3d 342, 346 [107 Cal.Rptr.
The Chase court observed that the plaintiff’s failure to name the state as a defendant apparently “was not inadvertent but was instead purposeful and intentional.” (67 Cal.App.3d 808, 812-813.)
Alternative means of satisfying the prerequisite of presentation of a timely claim (§ 945.4) are (1) the presentation of a late claim pursuant to permission of the public entity (§ 911.4), and (2) the obtaining of a court order granting relief from the claim presentation requirement after a denial of an application for leave to present a late claim (§ 946.6). Obviously, both of these alternatives also involve knowledge of the identity of the public entity.
It has been noted that the majority of cases in which the plaintiff benefits under section 474 are personal injury actions, and that the shorter the period of limitations, the greater the need for application of the statute. (Doe Defendant Practice, supra, 30 Stan.L.Rev. 51, 92-94.)
We note that the Legislature has apparently recognized that a plaintiff often encounters difficulty in identifying public employees. If a plaintiff did not know, or have reasons to know, “within the period for the presentation of a claim to the employing public entity,” that his injury “was caused by an act or omission of the public entity or by an act or omission of an employee” thereof, compliance with the rule that a claim must be presented to the employer entity as a condition to suit against the employee is not required. (§ 950.4; CEB, supra, § 5.66, p. 551.)
Assigned by the Chairperson of the Judicial Council.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.