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DOE defendants who committed assault and battery on Plaintiff not yet identified. Sued bar and hotel where the assault occurred.

San Clemente, CA |

Working on interrogatories . Should i just send a first set asking the hotel to identify the bouncers and then when I receive those answers send togs to the identified bouncers on the specifics of the event ? I assume I cannot ask the DOE bouncers to answer questions yet , right ?

I guess I misstated my question. In the interrogatories to the bar and hotel, I intend to ask questions about the DOE bouncers, i.e. if they have prior history of assault, arrests, etc. What I was unsure about is whether I could ask the bar and hotel questions specific to the DOE bouncers, like whether the bouncers engaged in an argument with Plaintiff; whether bouncers struck Plaintiff; etc.

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Attorney answers 5


This is a great reason you should retain a personal injury attorney. But yes, its impossible to have a doe defendant answer anything since you have not identified them. You have to sub the identified parties in before propounding discovery for them to answer.

I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.


I would strongly encourage you to hire a lawyer who handles cases involving inadequate security. While people have the right to handle cases pro se (on their own), it is not always the best thing to do, and most Courts require non-lawyers acting on their own behalf to follow the same rules of procedure and evidence as lawyers. Assuming you are asking about John Doe Defendants, you need to identify them, and join them in the suit individually before you can serve discovery on them. Good luck.


This is not a question for a criminal attorney. I have taken the liberty of editing the practice area for you. I hope you get the answers you're looking for.


Trying to resolve a personal injury case without a lawyer is silly, as you will most likely sabotage your good claim. Is that a good idea really? You would need to retain a personal injury lawyer to investigate. Find a lawyer with a low contingency fee, less than 30%, so you get the lion’s share of the settlement, not your lawyer. Thus, don’t get hurt twice by paying a huge fee. Good luck.

Only 29% Contingency Fee! Phone: 215-510-6755


You would likely be best served by having the bar/hotel identify any and all individuals involved with (or even working on) the night of the incident. You could then, by way of a DOE amendment, DOE in the individuals responsible. It may be difficult to get an accurate response from the bar/hotel at this point if you are merely referring to the actions of unnamed DOE defendants. Also, the questions about whether the bouncers engaged in an argument with the plaintiff or struck the plaintiff are likely best saved for after you have precisely identified the bouncers, and DOE'ed them into your case; you could then use those questions as part of your requests for admission to both the bouncers and the bar/hotel.

This answer is provided for informational purposes only. It does not constitute legal advice, nor does it form an attorney-client relationship.

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