Jacobs v. Pritz CA2/8
After his car was struck by another car, Kenneth Jacobs filed a negligence action against Dana Lynn Pritz, an insured person on the other car. Shortly after the statute of limitations ran, Jacobs named Rachel Ann Pritz, apparently Dana’s daughter and the other car’s driver, as a defendant in his first amended complaint through a “Doe” amendment. Jacobs subsequently filed an “incorrect name” amendment to his first amended complaint substituting Rachel for Dana as the only named defendant, asserting he had incorrectly named Dana rather than Rachel. Relying on the statute of limitations, Rachel moved for summary judgment and demurred to the incorrect name amendment. The trial court granted the summary judgment motion and sustained the demurrer. Jacobs appeals and we affirm.
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