Coates Capitol Corp. v. Superior Court

Petitioner corporation, defendant in a pending action for wrongful death, seeks a writ of prohibition preventing respondent court from proceeding further in the action and a writ of mandate ordering dismissal of the case. The basis of the petition is that respondent court abused its discretion in denying petitioner’s motion to dismiss the action for failure to serve and return summons within the three-year period prescribed by Code of Civil Procedure section 581a. We have concluded that the motion was meritorious. Accordingly, either of the writs sought would be a proper remedy (Rio Del Mar…