Sobeck & Associates, Inc. v. B & R Investments No. 24

Opinion

CAPACCIOLI, Acting P. J.

In this action to foreclose a mechanic’s lien, Sobeck and Associates, Inc. appeals from a judgment in favor of B & R Investments No. 24 and Bestor Engineers, Inc. 1 In the proceedings below, Sobeck, Inc. had amended its complaint under the fictitious names statute, Code of Civil Procedure section 474, to substitute a named defendant in place of a previously designated Doe defendant. B & R asserted that the action was time-barred by Civil Code section 3144 because Sobeck, Inc. amended the complaint more than 90 days after learning the true identity of the new…