Baker v. Boxx

Opinion

FUKUTO, J.

Plaintiffs appeal from orders (1) quashing service of summons on defendants Charles M. Berg, Berg & Allen, Inc., and Clifton Boxx (Berg respondents), and (2) dismissing the action against defendants A.W. Ellis, Wells Fargo Bank, N.A., First Pacific Bank, and Imperial Savings Association (bank respondents) for delay in prosecution. The principal issue presented is whether an amended complaint, filed and served by a new attorney for plaintiff, becomes void and ineffective to fulfill service of process requirements if the new attorney has not first filed and served a formal…