Quaranta v. Merlini

Opinion

BARRY-DEAL, J.

This is an appeal from a judgment of dismissal of an action for failure to serve and return the summons within the three-year period provided for in former Code of Civil Procedure section 581a. We must decide whether it was error for the trial court to dismiss the action even though service by publication had earlier been ordered and effected after the statutory three-year period had run. We conclude that respondent was not amenable to service, that the statute of limitations was tolled, and that service was effected pursuant to the orders granting appellants’ motions to…