HOCHARIAN v. SUPERIOR COURT

Docket No. L.A. 31309.

28 Cal.3d 714 (1981)

621 P.2d 829

170 Cal. Rptr. 790

SEROB HOCHARIAN, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; SONYA PEREZ, Real Party in Interest.

Supreme Court of California.

January 19, 1981.


Attorney(s) appearing for the Case

COUNSEL

James F. Callopy, Charles W. Pearce and Callopy, Salomone, McNeil & Landres for Petitioner.

No appearance for Respondent.

Bledstein & Lauber and Leslie Ellen Shear for Real Party in Interest.


OPINION

BIRD, C.J.

This court must decide what criteria govern operation of the mandatory dismissal provision of Code of Civil Procedure section 581a, under which a summons on a complaint must be served and return made within three years after an action is filed, in view of the implied exceptions to the statute as recognized in Wyoming Pacific Oil Co. v. Preston (1958) 50 Cal.2d 736

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