Billings v. Edwards

Opinion

KINGSLEY, Acting P. J.

Plaintiff appeals from an order under section 581a of the Code of Civil Procedure dismissing her complaint as against respondent defendants for failure to serve and return summons within three years.

I

The complaint was filed and summons issued on October 8, 1974. In November 1974 after a phone conversation with a representative of the defendants’ insurance carrier, plaintiff’s counsel by letter granted an *829open extension to “answer or otherwise plead.” Plaintiff contends that that stipulation amounted to a general appearance sufficient to bring her within the…