Watson v. Superior Court

Opinion

HERNDON, J.

Petitioner seeks the writ of mandate to compel the dismissal of a medical malpractice action as to him upon the ground that plaintiffs failed to serve him and return the summons within three years after the commencement of the action. Petitioner relies upon Code of Civil Procedure section 581a, subdivision (a), which provides: “No- action heretofore or hereafter commenced by complaint shall be further prosecuted, and no further proceedings shall be had therein, and all actions heretofore or hereafter commenced shall be dismissed by the court in which the same shall have been…