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LESKO v. SUPERIOR COURT

Docket No. 53247.

127 Cal.App.3d 476 (1982)

179 Cal. Rptr. 595

CLARENCE A. LESKO, Petitioner, v. THE SUPERIOR COURT OF MARIN COUNTY, Respondent; JOSE LOPEZ, a Minor, etc., et al., Real Parties in Interest.

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

January 7, 1982.

Attorney(s) appearing for the Case

COUNSEL

D. Stuart Candland and Craddick, Candland & Conti for Petitioner.

No appearance for Respondent.

Richard H. Jordan for Real Parties in Interest.

OPINION

FEINBERG, J.

This petition challenges a trial court refusal to dismiss an action for failure to serve and return service of summons within three years of filing the action (Code Civ. Proc., § 581a).1 We issued an alternative writ.

The Facts

The lawsuit underlying this petition is for alleged medical malpractice in the delivery of Jose Lopez on January 14, 1970. Under...

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