Dieckmann v. Superior Court of Los Angeles County

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 of section 474 of the Code of Civil Procedure, 1 that a plaintiff “must” state in the complaint that the names of fictitiously named defendants are unknown to him, may…