Davies

William F. Davies, a licensed and practicing attorney in this state, seeks a writ of mandate requiring the superior court to quash the service of summons upon him.

On January 8, 1963, an action was filed in the superior court naming petitioner Davies as one of the defendants. Other defendants in the same action were represented by Davies. On January 21, 1963, plaintiff voluntarily filed a dismissal without prejudice of defendant Davies. In the action against the remaining defendants, a pretrial conference was held in June 1963 and the ease set for trial in October 1963. In October a written stipulation was filed to continue the trial date to December 1963. On November 7, 1963, petitioner Davies was served with a copy of the summons and complaint. Following this and on November 13, 1963, the court entered an ex parte order setting aside the dismissal of Davies. Subsequently and on November 21, 1963, a pretrial order was made vacating the pretrial order of June 1963. Later, and on November 26, 1963, the matter was taken off calendar. Davies, for himself, made no formal appearance in the case. There is a letter dated November 15, 1963, from plaintiff’s counsel to Mr. Davies…