Sanchez

By petition for writ of mandate, Rudolfo Sanchez challenges the trial court’s denial of his motion to dismiss for failure to serve and return service of summons within three years of filing the complaint. We find that plaintiffs below did not comply with the mandatory requirements of the three-year statute and do not come within any exception to it. Consequently we will issue the writ directing the trial court to set aside its order denying Sanchez’s motion to dismiss and instead issue an order granting the motion and dismissing action No. 563153 as to defendant Sanchez.

Background

On April 3, 1984, an automobile accident occurred on Highway 101 causing the deaths of all six occupants of a jeep driven by Helen Urueta. Mrs. Urueta and her three minor children were killed, as well as two minor children of Alfonso and Nikki Martinez. Also involved in the accident were a truck owned and operated by petitioner Sanchez and a truck owned by Bi-Rite Auto Transport Inc. and driven by Lyle Moore (Bi-Rite and Moore will be referred to collectively as Moore).

Two complaints were filed as a result of this accident. The first was filed on April 12, 1984, by the Boccardo Law Firm on…