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BERNSTEIN v. SUPERIOR COURT

Docket No. 27310.

2 Cal.App.3d 700 (1969)

82 Cal. Rptr. 775

JOSEPH BERNSTEIN et al., Petitioners, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; WILLIAM J. STEWART, Real Party in Interest.

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

December 17, 1969.

Attorney(s) appearing for the Case

COUNSEL

Hassard, Bonnington, Rogers & Huber and Nello J. Prato for Petitioners.

No appearance for Respondent.

Williams, Herndon & Van Hoesen, Williams, Van Hoesen & Brigham and Charles A. Brigham for Real Party in Interest.

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...

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