Tires Unlimited v. Superior Court

Opinion

AGLIANO, P. J.

Tires Unlimited, a partnership, and Tires Unlimited, a partnership doing business as Tires Unlimited, defendants in the underlying civil action (named as two separate entities), seek a writ of mandate to compel the Santa Clara County Superior Court to vacate its order denying their motion to dismiss for untimely return of summons and to enter a new order granting the motion. Elena Galvez and Derek Quiroz, the real parties in interest and the plaintiffs in the suit, failed to return the summons within three years after filing their lawsuit, but did return it within 60 days…