Canifax v. Hercules Powder Co

In Canifax v. Hercules Powder Co. (1965) 237 Cal. App. 2d 44, the complaint named the defendant as "Coast Equipment Company." The defendant's true name was "Coast Manufacturing and Supply Company." The appellate court permitted the amendment of the complaint to state the defendant's true name. It relied on the rule "that a mere misnomer sought to be corrected after the statute of limitations has run will not bar the action." ( Id., at p. 57.) The court noted that "Coast Manufacturing recognized its awareness that it was the party intended to be charged . . . by answering the complaint." ( Id., at p. 58.)