Bernstein v. Superior Court

Opinion

ELKINGTON, J.

We have issued alternative writs of mandate and prohibition by means of which the petitioners, in effect, seek to compel dismissal of an action commenced against them, for failure (1) to serve and return summons within three years as required by Code of Civil Procedure section 581a, and (2) to bring the action to trial within two years (Code Civ. Proc., § 583). The superior court had denied a motion to dismiss taken under the authority of those code sections.

We first consider the proceedings as they relate to the failure to serve and return summons within three years.

Code…