Republic Corp. v. Superior Court

This petition for an alternative writ of mandate arises over the issue of the statutory interpretation of the mandatory dismissal provision of Code of Civil Procedure section 581a, subdivision (a). Because the amended version of section 581a governs the case at bench, we will grant the petition.

On July 18, 1978, Salvatore Delfino, plaintiff and real party in interest, suffered injuries in an explosion and fire allegedly caused by defective gasoline containers contacting a defective water heater. The fire damaged the plaintiff’s residence and garage. The water heater implicated in the explosion was destroyed beyond recognition.

On July 17, 1979, Salvatore and Audrey Delfino (Delfinos) filed suit for the personal and property injuries sustained in the accident. The complaint named the Van Nuys Army and Navy Stores and 50 Does as defendants.

After investigating the accident, the Delfinos filed an amended complaint naming American Standard, Inc., (American) as the water heater manufacturer; American was served on July 16, 1982. About one year later, in June 1983, information furnished by American demonstrated that American was not, in fact, the manufacturer of the…