DeWitt v. Crazy Protocol Communications CA1/2
Attorney Timothy A. DeWitt (appellant) sued various defendants in propria
persona for, inter alia, violating the California Anti-Spam Act (Bus. & Prof. Code,
§ 17529.5). After appellant filed an amendment to his complaint to substitute in
eHarmony, Inc. (respondent) as a Doe defendant, pursuant to the Code of Civil Procedure
section 474,1
the trial court granted respondent’s motion to quash service of summons.
Appellant now appeals, still in propria persona, contending the court improperly found
that he was not genuinely ignorant of respondent’s true identity at the time he filed the
original complaint or, in the alternative, that he unreasonably delayed in filing and
serving the amendment to the complaint once he learned respondent’s true identity.
Appellant also contends a one-year statute of limitations should not apply to claims for
liquidated damages brought under Business and Professions Code section 17529.5. We
shall affirm the order granting the motion to qua
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