Clark v. Stabond Corp.

Thelma Clark and Alice Lynwalter (appellants) appeal from a judgment entered in favor of Stabond Corporation (Stabond) and from an order of dismissal entered in favor of Fiber Resin Corporation (Fiber Resin) in appellants’ wrongful death action. The basis of both the judgment and order of dismissal was appellants’ failure to have effected service of the summons and complaint within two years. (Code Civ. Proc., § 583.420, subd. (a)(1).)

The procedural history of this case is somewhat involved and can be best depicted by the following chronology:

August 20, 1982—Gerald Clark filed a products liability action, case No. NCC 21758B (sometimes called the original action), against Does 1 to 1,000, alleging injuries sustained by him as a result of his exposure to asbestos and asbestos products.

September 21, 1982—Gerald Clark filed his first amended complaint in the original action, naming five defendants and specific chemical substances causing his injuries. Neither Stabond nor Fiber Resin was among the named defendants.

November 8, 1982—Gerald Clark died.

October 24, 1983—A second amended complaint was filed in the original action to permit Thelma Clark, Gerald’s wife, to…