Cv E 120 Form – Fill Out and Use This PDF

The Cv E 120 form is a legal document used within the Superior Court of California, specifically within the County of Sacramento, to amend a complaint where a plaintiff seeks to update the name of a defendant. This can be due to initially not knowing the defendant's true name (a fictitious name scenario) or correcting an incorrect name originally filed in the complaint. Completing this form accurately is critical for maintaining the integrity of the legal process. Click the button below to learn more about how to fill out the Cv E 120 form correctly.

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PDF Form Details

The CV-E-120 is the Sacramento Superior Court's official document for amending a civil complaint to change a party's name. Courts accept two types of name changes on this form: substituting a defendant's true name for a fictitious designation such as a Doe defendant, and correcting a name that was entered with an error in the original filing. Completing the form requires the case number, the original fictitious or incorrect name, the correct legal name, and a declaration of whether a court order is needed to authorize the amendment. The form concludes with the filer's signature and, when required, a judge's order approving the change. Using this document keeps the case record accurate and ensures the newly named defendant can be properly served.

Question	Answer
Form Name	CV-E-120
Full Title	Amendment of Complaint
Jurisdiction	Sacramento Superior Court
Form Purpose	Substitute fictitious or incorrect defendant name
Form Length	1 page
Fillable?	No
Fillable fields	0
Avg. time to fill out	15 min
Other names	cv 120, cve 120, rev 110311 form

How to Edit Cv E 120 Form Online for Free

This Sacramento Superior Court amendment form is used by plaintiffs in active civil cases who need to substitute a defendant's true legal name for a previously used fictitious name, or correct a name that was entered with an error in the original complaint.

Who Needs to File This Form

File this document if you are the plaintiff in a Sacramento Superior Court civil case and any of the following apply:

You listed one or more defendants as "Doe 1," "Doe 2," or another fictitious designation because you did not know their true identity at the time of filing.
You have since learned the defendant's actual legal name and want to substitute it into the complaint.
A defendant's name was misspelled or entered incorrectly in the original complaint and needs to be corrected.

Once you discover a Doe defendant's identity, California Code of Civil Procedure section 474 requires you to amend the complaint promptly and serve the newly named defendant before the statute of limitations expires.

Step-by-Step Instructions for Completing the Form

Follow these steps to fill out the amendment accurately and avoid common errors:

Case caption. Write the court name (Superior Court of California, County of Sacramento), your case number, and the names of the plaintiff and defendant exactly as they appear in your existing court file.
Your contact information. Enter your full name, mailing address, telephone number, and California State Bar number if you are an attorney. Self-represented parties enter their own name in the attorney fields.
Fictitious or incorrect name. In the designated field, write the name exactly as it appears in your original complaint. For Doe defendants, write the fictitious designation (for example, "Doe 1").
True legal name. Write the defendant's correct legal name that you are substituting in. Use the same spelling and format you will use for all future filings and service documents.
Order requirement. Check whether a court order is needed to authorize the amendment. For a first amendment substituting a Doe defendant under section 474, no order is usually required. For later or non-Doe amendments, a judge's approval may be necessary.
Signature and date. Sign the form and print the date. Self-represented parties print their full name below the signature line.
Judge's order section. Leave the order area blank when submitting. If an order is required, the court will complete and sign this section.

Filing and Service Tips

File the original form with the clerk in the division where your case is assigned. Request a file-stamped copy for your records.
Serve a copy of the amended complaint on the newly identified defendant within the time set by the court or applicable statute.
Prepare a Proof of Service document to confirm that the defendant received the amended papers.
If your case is approaching a deadline, contact the court clerk before filing to confirm current local procedures and any applicable fees.

Related Court Forms

These California court forms are commonly used in civil proceedings alongside this amendment:

California Civil Form - standard filings for initiating and managing civil cases in California courts
California Complaint Form - the initial complaint used to start a civil lawsuit
Answer to Complaint - the defendant's formal written response to a filed complaint
Placer County Superior Court Forms - court documents for the neighboring Placer County jurisdiction

Frequently Asked Questions

What is the deadline to substitute a Doe defendant?

Under California Code of Civil Procedure section 474, you must amend the complaint and serve the true defendant before the statute of limitations expires. File promptly once you have confirmed the defendant's legal name to preserve your right to pursue the claim.

Does this form apply only to Sacramento County cases?

Yes. This is a local Sacramento Superior Court form. Other California counties maintain their own amendment documents that may differ in format and filing requirements. If your case is in a different county, check that court's local rules for the correct form to use.

Can I correct more than one defendant name on a single form?

Each form typically addresses one substitution. If you need to correct or substitute more than one name, file a separate form for each change, or ask the court clerk whether a single amended complaint listing all corrections is acceptable in your case.

What happens after I file?

The clerk stamps the form and updates the case record. You must then serve the newly named defendant with the amended complaint and file a Proof of Service to confirm that service was completed. The case then proceeds with the defendant listed under their correct legal name.

Do I need an attorney to file this form?

No. You may file this form on your own as a self-represented party. However, if your case involves complex legal questions, consulting a licensed California attorney before making amendments is advisable to avoid procedural errors that could affect your case.