According to California Law, a John Doe lawsuit is when a lawsuit names an unknown person. An unknown person is an unidentified individual or a “Doe” defendant. This type of lawsuit is defined under California Code of Civil Procedure 474, which states:
“When the plaintiff is ignorant of the name of a defendant, he must state that fact in the complaint… and such defendant may be designated in any pleading or proceeding by any name. … When his true name is discovered, the pleading or proceeding must be amended accordingly…”
Common scenarios where a John Doe lawsuit is used in California courts include:
- Unknown hit-and-run drivers, unidentifiable employees or contractors
- Medical malpractice performed by a contracted doctor, surgeon, or nurse practitioner
- Premises liability on a movable location where the at-fault party is difficult to identify
- Online defamation, such as harassment, “swatting,” or doxxing
Requirements for a John Doe Lawsuit in California
In a John Doe lawsuit, the plaintiff must show ignorance of identity. Basically, the plaintiff naming the “Doe” defendant must be ignorant of the defendant’s true name, their whereabouts, or their employment when the lawsuit is filed. This information must be included in the complaint filed with the courts.
The primary reason for filing a John Doe Lawsuit is to preserve the statute of limitations. In certain cases, finding information on multiple defendants can take years. So, naming “Doe” defendants can save time and allow the plaintiff to substitute the real person’s name through an amendment once their information has been discovered. Personal information on a defendant is often discovered through a subpoena.
Contact a Personal Injury Lawyer in California
If you or a loved one has suffered a personal injury in California, the attorneys at Maison Law are standing by to help you get the compensation you need. We understand the enormous medical costs associated with injuries due to carelessness, and we will aggressively pursue a settlement to match the full extent of your damages. If a settlement cannot be reached, then our firm will represent you in court and advocate on your behalf.
Contact Maison Law today for a free consultation and case evaluation. Our firm does not require any upfront fees and you do not have to pay a cent until your case is won.
