Deutschmann

Plaintiff sued Sears, Roebuck & Company, defendant and respondent, for damages for property damage and personal injury sustained as a result of a fire allegedly caused by a defective television set. The complaint was filed on December 6, 1976. On March 12, 1979, a complaint in intervention was filed by appellant, Associated Indemnity Corporation, wherein it was alleged that appellant had paid to plaintiff the sum of approximately $13,000 for repair of the premises after the fire, and that appellant was subrogated in interest to the plaintiff for that amount. Return on the summons in the intervention action was filed on November 11, 1979.

In January 1980, respondent moved to dismiss both the complaint and the complaint in intervention on the ground that plaintiff had not filed proof of service of summons in the main action within three years after the date of filing the complaint, as required by Code of Civil Procedure section 581a, subdivision (a). On February 7, 1980, the court granted respondent’s motion to dismiss both the complaint and the complaint in intervention. Appellant intervener appeals from the dismissal of its action.

We have concluded that appellant,…