Torgersen

Plaintiff appeals an order quashing summons and a companion order dismissing his action for failure to comply with the mandatory requirements to make service and return of summons within three years (Code Civ. Proc., § 581a).

The sole question on appeal is whether personal service by a copy of a summons and complaint after the original of that summons had been filed with the clerk is sufficient to bring a defendant under the court’s jurisdiction, so long as both the original summons and proof of service are filed within three years.

The undisputed chronological facts are:

The issue is one of first impression.

There is no express statutory prohibition to the acquiring of jurisdiction by service of process in the manner described. A process server is no longer required to have the original summons in his possession at time of service. Personal service is obtained by serving a copy of summons and complaint (Code Civ. Proc., § 415.10).

Respondent claims the filing of the original summons voids it so no effective personal service can be made on it thereafter. He relies on the following language in Hancock v. Preuss, 40 Cal. 572, 577 , “. . .that when the summons was…