Shearer

This is a mandate proceeding brought under Code of Civil Procedure section 418.10, subdivision (c), to compel the superior court to grant the motion of petitioners (defendants below) to quash service of summons on the ground of lack of jurisdiction over them. The only novel issue here arises from the contention of real party (plaintiff below) that the petition for a writ of mandate, filed here 15 days after notice of the trial court’s ruling had been mailed, was untimely. We hold. that Code of Civil Procedure section 1013 operates to extend the 10 days allowed by section 418.10, and thus the petition here was timely.

The superior court denied the defendants’ motion to quash service on November 23, 1976. Plaintiff’s attorneys served notice of ruling by mailing it on November 24 to the office of the defendants’ attorney in Los Angeles. This petition for mandate was filed here on December 9, which was the 15th day after the mailing.

Code of Civil Procedure section 418.10, subdivision (c), provides that if a motion to quash is denied, “the defendant, within 10 days after service upon him of a written notice of entry of an order of the court denying his motion . .. may…