Warren

Warren v. Atchison, Topeka & Santa Fe Railway Co.

Good Law
19 Cal. App. 3d 24·96 Cal. Rptr. 317
Court of Appeal of CaliforniaJuly 30, 1971Civ. 10050California6,302 words

Opinion

Opinion

Kaufman, J.

Plaintiffs appeal from a number of orders and judgments rendered by the trial court in respect to their third amended and supple mental complaint filed November 25, 1968, by leave of the court. The orders and judgments appealed from are as follows:

The Facts

The original complaint in the action was filed on May 17, 1965. Named as plaintiff was Steams Ranchos Company, a dissolved California corporation. Named as defendants were Santa Fe and Does 1 through 30. The relief sought was quiet title to real property and incidental injunctive relief.

After numerous law and motion proceedings, on September 10, 1968, plaintiffs, now designated as certain named individuals, “the acting tmsteees in liquidation of The Stearns Ranchos Company, a dissolved California corporation,” filed a notice of motion for leave to file a third amended and supplemental complaint and requesting the addition of parties to the action. Defendant Santa Fe opposed the motion on the ground that plaintiffs were barred by the provisions of section 581a of the Code of Civil Procedure from bringing in additional defendants because the summons .could not be issued and served within three years from the filing…

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