Legal Opinion

Fireman's Fund Insurance v. Sparks Construction, Inc.

California Court of Appeal

Decided January 8, 2004No. E033453PublishedCited by 43 opinions

[CERTIFIED FOR PARTIAL PUBLICATION*]

1Opinion of the Court

Opinion

RICHLI, Acting P. J.

The original complaint in this action contained Doe allegations. The first amended complaint did not. After filing the first amended complaint, the plaintiff served two new defendants with the original summons and complaint, along with amendments purporting to name them as Does. These defendants filed answers, and all parties proceeded to litigate apace.

Almost a year later, the plaintiff sought leave to file a second amended complaint, in which these new defendants were explicitly named. This belatedly alerted the new defendants to the existence of the first amended…

2Cases cited47 opinions

  1. Foreman & Clark Corp. v. FallonCalifornia Supreme Court · 1971
  2. Committee on Children's Television, Inc. v. General Foods Corp.California Supreme Court · 1983
  3. McCorkle v. City of Los AngelesCalifornia Supreme Court · 1969
  4. Samuels v. MixCalifornia Supreme Court · 1999
  5. Meyer v. State Board of EqualizationCalifornia Supreme Court · 1954

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3Cited by43 opinions

  1. Fox v. Ethicon Endo-Surgery, Inc.California Supreme Court · 2005
  2. DIAL 800 v. FesbinderCalifornia Court of Appeal · 2004
  3. Tracy Press, Inc. v. Superior CourtCalifornia Court of Appeal · 2008
  4. Obrecht v. ObrechtCalifornia Court of Appeal · 2016
  5. People ex rel. Becerra v. Superior Court of Riverside Cnty., California Court of Appeal, 5th District2018

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