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SLAYBAUGH v. SUPERIOR COURT

Docket No. 40270.

70 Cal.App.3d 216 (1977)

138 Cal. Rptr. 628

JAMES R. SLAYBAUGH, Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; STEPHANIE FRANCES MATTERN et al., Real Parties in Interest.

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

May 31, 1977.

Attorney(s) appearing for the Case

COUNSEL

Ropers, Majeski, Kohn, Bentley & Wagner and John S. Simonson for Petitioner.

No appearance for Respondent.

Clark & Glennon and Mark H. Pierce for Real Parties in Interest.

OPINION

SIMS, Acting P.J.

Petitioner seeks a writ directing respondent court to dismiss an action filed January 4, 1973, by real parties in interest, because they failed to serve summons on petitioner within three years, as required by subdivision (a) of section 581a of the Code of Civil Procedure.1 We conclude that the trial court erred in denying petitioner's motion to dismiss. The peremptory writ must...

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