Nearing v. Golden State Foods Corp.

— This case began when David Nearing commenced an action against Golden State Foods Corporation. Nearing served a summons, but not a complaint, on Golden State on October 18, 1985, shortly before the statute of limitations would have run on his cause of action. Thereafter Nearing changed counsel and, on January 16, 1986, within 90 days of the service of the summons, filed a new summons together with a complaint. A new summons and complaint were served on Golden State January 31, 1986.

The findings of fact were not challenged by either party. "An unchallenged finding of fact is a verity on…