Facts

Roy Welch sued Jeffrey Vu under a personal injury claim following a traffic collision.

PLAINTIFF’S CONTENTIONS: Welch contended that he was unaware of Vu’s identity at the time Welch filed the initial complaint and later sought to add Vu’s name to an amended complaint pursuant to Code of Civil Procedure Section 474.

DEFENDANT’S CONTENTIONS: Vu motioned for summary judgement and argued that plaintiff was aware of Vu’s identity at the time the original complaint was filed. Vu argued that he spoke to Welch at the scene of the accident, Welch received Vu’s driver’s license and insurance information, and Welch’s attorney identified Vu in a letter to Vu’s insurer, among other things. Vu argued, Welch could not claim true ignorance of Vu’s identity.

Result

Summary judgement was granted because Vu met his burden of proof, and because plaintiff failed to oppose Vu’s motion.