Brookview Condominium Owners' Ass'n v. Heltzer Enterprises-Brookview

I concur in the result only.

Plaintiff Brookview Condominium Owners’ Association did not serve the summons and complaint on defendant and respondent Heltzer EnterprisesBrookview (Enterprises) within three-years after filing suit. In this court Brookview contends Enterprises made a general appearance before its motion to dismiss and therefore cannot assert the bar of the three-year statute. As the lead opinion states, a general appearance after an untimely service does not affect a defendant’s right to dismissal. (Blank v. Kirwan (1985) 39 Cal.3d 311, 333 [216 Cal.Rptr. 718, 703 P.2d 58];…