Moore

James E. Moore petitioned for writ of certiorari after the Superior Court of San Diego County had entered an order finding him in contempt of court. We issued an order to show cause, stayed further proceedings in the court below pending the hearing and ordered the record transmitted to this court. Real party in interest, Diane K. Moore, filed a response to the petition.

Petitioner’s citation for contempt arose out of a suit for separate maintenance in which the chronology of pertinent events is as follows:

The second paragraph of section 581a reads: “All actions, heretofore or hereafter commenced, must be dismissed by the court in which the same may be pending, on its own motion, or on the motion of any party interested therein, if summons has been served, and no answer has been filed, if plaintiff fails, or has failed, to have judgment entered within three years after service of summons, except where the parties have filed a stipulation in writing that the time may be extended.”

The contempt proceedings against petitioner were neither initiated nor heard until more than three years after he was served with process. He has not filed an answer to the complaint and no…