Davis v. Allstate Insurance

Opinion

AGLIANO, P. J.—

Plaintiff Alfred J. Davis appeals from the superior court’s order quashing service and the ensuing judgment dismissing plaintiff’s action against defendant Allstate for failure to serve summons and complaint within three years of the commencement of the action. (Code Civ. Proc., 1 § 583.210.) We will reverse the order and judgment for the reasons stated below.

Background

Numerous property owners including plaintiff Davis filed suit on February 28, 1985, against nine insurance companies for losses arising out of the March 1983 flooding in Alviso in Santa Clara County.…