Johnson & Johnson v. Superior Court

Opinion

BIRD, C. J.

When a summons and complaint are served by mail on a person outside this state within three years of the commencement of an action, must a return receipt be obtained and filed within those three years to satisfy Code of Civil Procedure section 581a?

I

This case involves three separate civil actions arising from injuries allegedly caused by in útero exposure to the drug diethylstilbestrol (DES).

Petitioner is successor in interest to McNeil Laboratories, Inc., a DES manufacturer. Plaintiffs/real parties in interest in the three actions are all represented by the same counsel and…