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RCA CORP. v. SUPERIOR COURT

Docket No. 36176.

47 Cal.App.3d 1007 (1975)

121 Cal. Rptr. 441

RCA CORPORATION, Petitioner, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent. JOSEPH TOWNE et al., Real Parties in Interest.

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

May 7, 1975.

Attorney(s) appearing for the Case

COUNSEL

Carroll, Burdick & McDonough and Rodney L. Eshelman for Petitioner.

No appearance for Respondent.

Seymour L. Ellison and Daniel W. Levin for Real Parties in Interest.

OPINION

ELKINGTON, J.

On these proceedings in prohibition we are concerned with Code of Civil Procedure section 581a which, as relevant to the issue before us, provides:

"(a) ... all actions heretofore or hereafter commenced shall be dismissed by the court ... on the motion of any party interested therein ... unless the summons on the complaint is served and return made within three years after the commencement of said action...

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