Gillette

On 24 May 1971 plaintiff filed a complaint for medical malpractice against Saint Joseph Medical Center, Burbank Community Hospital, Drs. Frederick Amerongen, Joan Marie King, Charles King, Donald Springer, and Phillip Davis. The superior court clerk issued summons on 24 May 1971, but the summons was not served on any of the defendants at that time. Not quite three years later on 21 May 1974 plaintiff through a different attorney filed a “first amended complaint” identical in text with his original complaint except for its title and the name of plaintiff’s new attorney. Copies of the original summons and the “first amended complaint” were then served on all defendants, and proof of service of summons was filed with the court on 23 May 1974, the last day of the three-year period for return of service of summons. Some defendants filed answers to the first amended but others did not. Thereafter, the court quashed service of summons on all defendants and dismissed the action, on the theory that an amended summons should have been requested and served, and that plaintiff’s failure to do this amounted to a failure to serve and return summons on the complaint within the…