San Francisco Lathing, Inc. v. Superior Court of San Francisco

In this mandamus proceeding petitioners seek to compel the superior court to vacate its order setting aside a prior order to dismiss an action for plaintiff’s failure to prosecute.

On October 19, 1965, plaintiff filed a complaint to recover damages for personal injuries allegedly sustained as a result of petitioners’ negligence. Petitioners were served with summons on October 18, 1968, one day short of three years from the filing of the complaint. Petitioners thereupon moved for a dismissal of .the action for lack of prosecution pursuant to Code of Civil Procedure section 583. The motion was…