The following is not meant to be legal advice.
The California Code of Civil Procedure (CCP) Section 340(3) provides a one year statute of limitations on an action for injury to or for death of one caused by the wrongful act or neglect of another. CCP Section 340(3) applies to actions for personal injuries of every kind, regardless of the nature of the wrongful act, including actions for damages suffered from negligent acts and emotional distress.
The statute of limitations, enacted as a matter of public policy fixes the limit within which an action must be brought. It is intended to run against those who are neglectful of their rights and who fail to use reasonable and proper diligence in enforcement thereof. Howe v. Pioneer Mfg. Co. (1968) 68
A defendant is entitled to know that a lawsuit is pending against it within a reasonable time after an action is filed.
Dismissal of a plaintiff’s action is mandatory if the defendant is not served with summons and complaint within a certain time period as required by statute after the commencement of an action. Perati v. Atkinson (1964) 230
In the situation where an amended complaint joins new defendants not named in the original complaint, rather than simply substitutes a defendant’s name for one of the original DOES served, the action is deemed commenced as to the new defendants from the date of filing of the amended complaint in which the defendants were named. Hennessy’s Tavern, Inc. v. American Air Filter Co. (1988) 204
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