Graf

This appeal is from an order dismissing appellant’s complaint pursuant to Code of Civil Procedure section 583.210 for failure to effect service of process within the three-year statutory period. Plaintiff contends that either he effected service within the three-year period or service of his complaint was impossible during the period of time between the trial court’s dismissal of the complaint on its own motion and the time when the trial court reinstated his complaint. We agree with the trial court’s findings to the contrary and affirm.

Facts and Proceedings Below

This action arose from an incident alleged to have occurred on March 5, 1985. On January 17, 1986, appellant filed his complaint against The Gaslight bar, its owner Don B. Samuels, and an employee of the bar, alleging various negligent and intentional tortious acts.

On May 27, 1988, the trial court gave notice of intention to dismiss the action on its own motion. On July 13, 1988, the court dismissed the action. The notice of intent to dismiss the action on the court’s own motion was mailed to the address of record of appellant’s counsel, Jeffery Steinberger (Steinberger), as was the subsequent notice of…