Legal Opinion

Busching v. Superior Court

California Supreme Court

Decided July 18, 1974No. L.A. 30267PublishedCited by 58 opinions

1Opinion of the Court

Opinion

McCOMB, J.

-Petitioners seek a writ of mandate to compel the dismissal of an action for damages (insurance contract), in which they are some of the named defendants, upon the ground that plaintiff failed to serve them and make return of service within three,, years after the commencement of the action, and that within that time they neither made a general appearance in the action nor filed a stipulation in writing that the time might be extended.

Motion to dismiss was based on section 581a, subdivision (a), of the Code of Civil Procedure which reads: “(a) No action heretofore or…

2Cases cited16 opinions

  1. County of Los Angeles v. FrisbieCalifornia Supreme Court · 1942
  2. Wyoming Pacific Oil Co. v. PrestonCalifornia Supreme Court · 1958
  3. Tresway Aero, Inc. v. Superior CourtCalifornia Supreme Court · 1971
  4. Davenport v. Superior Court of Imperial CountyCalifornia Supreme Court · 1920
  5. Brock v. FouchyCalifornia Court of Appeal · 1946

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3Cited by58 opinions

  1. Blank v. KirwanCalifornia Supreme Court · 1985
  2. Hocharian v. Superior CourtCalifornia Supreme Court · 1981
  3. General Insurance v. Superior CourtCalifornia Supreme Court · 1975
  4. Home Depot, U.S.A., Inc. v. Contractors' State License BoardCalifornia Court of Appeal · 1996
  5. Gaines v. Fidelity National Title Insurance Co.California Supreme Court · 2016

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