Market-Front Co. v. Superior Court of San Francisco

Petitioner seeks mandate requiring the trial court to grant its motion to dismiss a personal injury action in which it is a defendant. We issued alternative writ.

Complaint in the basic action was filed September 21, 1965, only three days before expiration of the one-year statute of limitations. Summons was not served upon petitioner until September 20, 1968, the day before expiration of the three years allowed for such service (Code Civ. Proc., § 581a).

Petitioner-defendant, on October 31, 1968, moved to dismiss the action for lack of prosecution. Plaintiff Taylor, the real party in interest…