SAN FRANCISCO LATHING, INC. v. SUPERIOR COURT

Docket No. 26429.

271 Cal.App.2d 78 (1969)

76 Cal. Rptr. 304

SAN FRANCISCO LATHING, INC. et al., Petitioners, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; HENRY P. DOYE, Real Party in Interest.

Court of Appeals of California, First District, Division One.

March 26, 1969.


Attorney(s) appearing for the Case

O'Connor, Cohn & Lynch and Cyril Viadro for Petitioners.

No appearance for Respondent.

A.J. Quigley and Peter A. Ribar for Real Party in Interest.


MOLINARI, P.J.

In this mandamus proceeding petitioners seek to compel the superior court to vacate its order setting aside a prior order to dismiss an action for plaintiff's failure to prosecute.

On October 19, 1965, plaintiff filed a complaint to recover damages for personal injuries allegedly sustained as a result of petitioners' negligence. Petitioners were served with summons on October 18, 1968, one day short of three years from the filing of the complaint...

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