Watson

Petitioner seeks the writ of mandate to compel the dismissal of a medical malpractice action as to him upon the ground that plaintiffs failed to serve him and return the summons within three years after the commencement of the action. Petitioner relies upon Code of Civil Procedure section 581a, subdivision (a), which provides: “No- action heretofore or hereafter commenced by complaint shall be further prosecuted, and no further proceedings shall be had therein, and all actions heretofore or hereafter commenced shall be dismissed by the court in which the same shall have been commenced, on its own motion, or on the motion of any party interested therein, whether named as a party or not, unless the summons on the complaint is served and return made within three years after the commencement of said action, except where the parties have filed a stipulation in writing that the time may be extended or the party against whom the action is prosecuted has made a general appearance in the action.”

Plaintiffs, an adult and a minor by his guardian ad litem, commenced the action on December 6, 1967, by filing their complaint against four named defendants and five fictitiously named…