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Can change the caption on your First Amended Complaint to add new defendants?

San Diego, CA |

During the litigation the named defemdant- homeowners sold their homes, thus the new homeowners are not really Does qualifying for Doe amendments. The new defendants aquired an interest in the property now and while we were not ignorant of their existence, we could not anticipate their later aquired interest. Anyone know any rules that let the caption be amended on such grounds.

Attorney Answers 3


  1. I don't understand why you think that the new owners can't be named as a DOE. You can file a form amendment to name the DOE defendant without leave of court. San Diego Superior Court should have a form for that. In Los Angeles Superior, you would use LACIV 105. You do not amend the caption. The DOE amendment form is mail served on all parties who have appeared and the proof of service of mailing is filed with the court with the DOE amendment.

    Richard A. Rodgers, Esq. (805) 230-2525
    rar@sd-attorneys.com
    www.sdresq.com

    As stated in the AVVO.COM Terms and Conditions of Use, this answer is not intended as legal advice, and no attorney-client relationship or privilige is created by this response.


  2. Court rules dictate that you never change the caption. Even if parties are added or deleted, and even if you amend the body of the pleading to make changes, you do not ever change the caption. This is because the original complaint was filed with the original caption, and the court needs to track all documents filed in that case using that caption.

    This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.


  3. I agree with Attorney Yee. You should not change the captions.