Slaybaugh

Petitioner seeks a writ directing respondent court to dismiss an action filed January 4, 1973, by real parties in interest, because they failed to serve summons on petitioner within three years, as required by subdivision (a) of section 581a of the Code of Civil Procedure. We conclude that the trial court erred in denying petitioner’s motion to dismiss. The peremptory writ must issue.

Real parties in interest, the plaintiffs below, and hereinafter referred to as such, state that the sole question presented is whether petitioner, by voluntarily submitting a declaration in support of a codefendant’s motion for change of venue, made a general appearance. Nevertheless, -they also seek to justify the trial court’s order denying petitioner’s motion on the ground that the court had discretion to do so.

On January 4, 1973, plaintiffs filed a complaint in the Santa Cruz County Superior Court naming, among others, the petitioner as a defendant. It was alleged in the complaint that petitioner, an attorney, had represented plaintiffs who were then minors, in a wrongful death action, that he had secured a settlement of the action which he represented to real parties to be fair; that…