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ELLING CORP. v. SUPERIOR COURT

Docket No. 45194.

48 Cal.App.3d 89 (1975)

123 Cal. Rptr. 734

ELLING CORPORATION et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; PHIL L. WOOD, Real Party in Interest.

Court of Appeals of California, Second District, Division Four.

May 12, 1975.

Attorney(s) appearing for the Case

COUNSEL

Murry Luftig for Petitioners.

No appearance for Respondent.

Miller, Bronn & Brummett, Franklin J. Brummett and John D. Miller for Real Party in Interest.

OPINION

FILES, P.J.

This proceeding involves the application of Code of Civil Procedure section 581a, subdivision (a), which requires dismissal of an action if the summons is not served and returned within three years after the commencemen of the action.1 No decision has been found applying that section to the facts presented here.

On April 5, 1971, an action was filed in the superior court entitled...

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