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WOODRUFF v. McDONALD'S RESTAURANTS

Docket No. 40527.

75 Cal.App.3d 655 (1977)

142 Cal. Rptr. 367

BETTE D. WOODRUFF, Plaintiff and Appellant, v. McDONALD'S RESTAURANTS et al., Defendants and Respondents.

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

December 6, 1977.

Attorney(s) appearing for the Case

COUNSEL

Gross, Rose & Gross and Benton F. Gross for Plaintiff and Appellant.

Hoge, Fenton, Jones & Appell and John L. Hendry for Defendants and Respondents.

OPINION

THE COURT.*

This is an appeal from a judgment of dismissal entered pursuant to Code of Civil Procedure section 581a on account of plaintiff's failure to return the summons within three years. The question presented is whether a stipulation entered into by plaintiff's attorney and a representative of defendant's insurance carrier, granting defendant an open extension of time in which to plead, constitutes...

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