Vickers v. Wilson
Carolyn Vickers, Inc. (CVI) purchased undeveloped real estate in San Luis Obispo County from Allen Little Ventures #1, LLC (ALV) in 2006. In 2007, CVI learned the property could not be developed due to soil and groundwater contamination. ALV had purchased the property from Phyllis Madonna. Respondents Linda Wilson and Wilson & Company Real Estate were Madonna's real estate agent in that transaction. In 2009, CVI and ALV sued Madonna, two title companies, several oil companies and Does 1 through 200 on various tort and contract theories. In February 2012, CVI amended its complaint to name respondents as Doe 1 and Doe 2. They demurred on the ground that the statute of limitations had run. After granting leave to amend, the trial court sustained respondents' demurrer to CVI's fourth amended complaint because CVI failed to allege facts justifying its late discovery of the causes of action against respondents. CVI contends the trial court erred because its Doe amendments "relate back" to the date its original complaint was filed. (Code Civ. Proc., § 447.)[1] We affirm.
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