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eBook details

• Title: Tresway Aero Inc. V. Superior Court Of Los Angeles County
• Author : Supreme Court Of California
• Release Date : January 16, 1971
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 87 KB

Description

Petitioner Tresway Aero, Inc. [hereafter "defendant"] seeks mandamus to compel the Los Angeles County Superior Court to quash service of summons in the action of Dent v. Tresway Aero, Inc. (Superior Court No. SO C 13661) and to dismiss that action for failure to serve summons within three years of the filing of the complaint, pursuant to Code of Civil Procedure section 581a. We concur in defendant's contention that the summons served upon it did not comply with the requirements of Code of Civil Procedure section 410 respecting service upon corporations;*fn1 accordingly, the trial court should have quashed service. We observe, however, that plaintiff served defendant with the defective summons within the three-year period of section 581a; defendant then requested an extension of time in which to appear to a date more than three years from the filing of the complaint. By such affirmative action defendant effectively prevented plaintiff from discovering the defect in service until after the statutory period had run. We uphold the conclusion of the trial court that on these facts defendant is estopped to seek dismissal under section 581a.

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