Highlands Inn, Inc. v. Gurries

granting respondents’ motion for dismissal of the complaint for lack of timely return of summons, and from the order denying appellant’s motion for continuance to obtain depositions..

The complaint was filed on September 21, 1964, and summons was served on respondents August 29, 1967, and August 30, 1967. On October 24, 1967, appellant’s attorney discovered that the summons with proofs of service was not on file in the court records. Approximately one month after the lapse of the time limitation prescribed in Code of Civil Procedure section 581a, a declaration of personal service of summons…