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TORGERSEN v. SMITH

Docket No. 18564.

98 Cal.App.3d 948 (1979)

159 Cal. Rptr. 781

KERRY EDWARD TORGERSEN, Plaintiff and Appellant, v. ROBERT SMITH et al., Defendants and Respondents.

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

November 21, 1979.

Attorney(s) appearing for the Case

COUNSEL

Thacher & Hurst and Dan Zeidman for Plaintiff and Appellant.

Rhoades & Hollywood, Rosalie Shanks, Stutz, McCormick & Mitchell, Stutz, McCormick, Mitchell & Verlasky, John P. McCormick and Carlye Christianson for Defendants and Respondents.

OPINION

WORK, J.*

Plaintiff appeals an order quashing summons and a companion order dismissing his action for failure to comply with the mandatory requirements to make service and return of summons within three years (Code Civ. Proc., § 581a).

(1) The sole question on appeal is whether personal service by a copy of a summons and complaint after the original of that summons...

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