Wong
Wong v. Armstrong World Industries, Inc.
Opinion
Opinion
Merrill, J.
—In this case we decide that failure of a plaintiff to make a return of summons or other proof of service within three years and sixty days after filing a complaint does not mandate dismissal of the action if the defendant made a general appearance within that time period. (Code Civ. Proc., §§ 583.210, subd. (b), 583.220, 583.250.)
Procedural Background
On August 1, 1986, Appellant Willie Wong filed a personal injury action for exposure to asbestos against respondents Armstrong World Industries, Inc., Certainteed Corporation, Flexitallic, Inc., GAF Corporation, Keene Building Products Corporation, Keene Corporation, National Gypsum Company and United States Gypsum Company and others. By July 27, 1989, all respondents had been served with the summons and complaint. Respondents filed answers to the complaint on August 25, 1989.
Respondents moved to dismiss Wong’s action on May 16, 1990, alleging that dismissal was mandated by section 583.250 as Wong failed to return the summons within three years and sixty days of the filing of the action. Wong filed the return of summons on June 8,1990. Respondents’ motion to dismiss the complaint was granted on July 11, 1990, after…