Legal Opinion
Kivenson v. U.S. Trust Corp. N.A.
Court of Appeals for the Ninth Circuit
Decided November 16, 2004No. 03-57063Published
1Opinion of the Court
MEMORANDUM **
Gilbert Kivenson and numerous other plaintiffs (collectively Kivenson) appeal the district court’s dismissal of their complaint against Fulbright & Jaworski on the basis of the statute of limitations. We affirm.
We agree with the district court that because Kivenson was not ignorant of the facts necessary to name Fulbright & Jaworski at the time that the complaint was *275filed, he cannot rely upon California’s Doe pleading practice1 to avoid the bar of the statute of limitations. Rather, that knowledge precluded relation back of his claim against Fulbright & Jaworski to the date that…
2Cases cited5 opinions
- Fireman's Fund Insurance v. Sparks Construction, Inc.California Court of Appeal · 2004
- Dover v. SadowinskiCalifornia Court of Appeal · 1983
- Lipman v. RiceCalifornia Court of Appeal · 1963
- Snoke v. BolenCalifornia Court of Appeal · 1991
- Taito v. Owens CorningCalifornia Court of Appeal · 1992