Dresser v. Superior Court

Petitioners Robert J. Dresser and Norma E. Dresser seek a writ of prohibition restraining the respondent superior court from taking further proceedings against petitioners in the civil action hereafter described or in lieu of such writ a writ of mandate compelling respondent court to dismiss such action. The sole question for our determination is whether the action should be dismissed as to petitioners pursuant to Code of Civil Procedure section 581a upon the ground that the summons was not served and return thereon made within three years after its commencement. We have concluded that it…