Erwin v. Sjauw
David Erwin (Erwin) brought this negligence action in February 2005 for claimed injury from eye surgery at LasikPlus Vision Center (LasikPlus) in November 2003. He initially named LasikPlus and surgeon George Simon (Simon) as defendants, but a year later added LCA-Vision Inc. (LCA) by a Doe amendment. On a prior appeal by Erwin after a grant of summary judgment in favor of LCA (Erwin v. LCA-Vision, Inc. (Dec. 9, 2008, A117852) [nonpub. opn.]) (Erwin I), Court reversed, rejecting rulings that the entire action was untimely under the year-from-discovery statute and that the Doe amendment did not relate back (Code Civ. Proc., 340.5, 474).This second appeal by Erwin is similar. On August 30, 2006, Erwin amended his first amended complaint (FAC) to designate Stephanie Dea Sjauw, OPT [sic] (Sjauw) as Doe 3. Sjauw answered, asserting the one-year statute as one of her affirmative defenses, and then moved for summary judgment partly on that basis.[2] The motion came before the Honorable Barbara Zuniga (not the same judge as in Erwin I), and she found the action timely overall but that the Doe amendment did not relate back. Court agree and therefore affirm the resulting judgment of dismissal
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