Courtney

We hold that the filing of a copy of the original summons indicating service on the defendant within three years after commencement of the action satisfies the “return” requirement of Code of Civil Procedure section 581a.

Plaintiffs Junius and Dorothy Courtney appeal from an order and judgment dismissing defendants Abex Corporation, Borg-Warner Corporation, General Motors Corporation and Lear Seigler, Inc., and from the denial of their motion to file the original summons nunc pro tunc. The trial court ruled that defendants were entitled to dismissal under section 581a since plaintiffs had failed to return the original summons to the court within the three years following commencement of the action. We reverse.

Plaintiffs filed a complaint on September 30, 1980, alleging injuries caused to them by exposure to asbestos and silica products while they both worked at a car dealership. Suit was brought against 17 named and several hundred Doe defendants. One original summons was issued by the court on September 30, 1980.

On September 20, 1983, defendants, as “Does Two through Five,” were each served by mail with copies of the summons and the complaint. Plaintiffs returned…