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STEWART v. SUPERIOR COURT

Docket No. D002639.

163 Cal.App.3d 915 (1985)

209 Cal. Rptr. 870

JAMES E. STEWART et al., Petitioners, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; CNA INSURANCE COMPANIES, Real Party in Interest.

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

January 18, 1985.

Attorney(s) appearing for the Case

COUNSEL

R. Bruce Wayne for Petitioners.

No appearance for Respondent.

Cary M. Miller, Virginia Gilson and McInnis, Fitzgerald, Rees, Sharkey & McIntyre for Real Party in Interest.

OPINION

BUTLER, J.

(1) Petitioners filed a bad faith action against real party on April 25, 1980. Real party brought a motion to dismiss under Code of Civil Procedure section 581a, subdivision (a) because summons had not been returned within three years. This was heard on June 8, 1983, and denied by Judge Jack Levitt on June 22, 1983, on the basis real party was estopped from bringing the motion. Real party did not bring...

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