Sprague

Jack H. Sprague (Jack Sprague), Jack H. Sprague, Jr., Christopher Sprague and Carolyn Sprague Lee (collectively Sprague) brought an action against defendant County of San Diego (the County) based on the County’s denial of Sprague’s request for approval of a tentative subdivision map and other related plans and permits related to a proposed 146-unit residential development. Express provisions of the Subdivision Map Act set forth in Government Code section 66499.37 require that "[a]ny action” challenging a decision by a legislative body “concerning a subdivision” be commenced, and "service of summons effected, ” within 90 days of the decision. (Italics added.)

Sprague commenced the subject action in a timely manner, but served the summons 117 days after the County’s decision. The court granted the County’s motion for judgment on the pleadings on the ground Sprague failed to comply with the 90-day period for service of summons set forth in section 66499.37.

Sprague appeals from the judgment of dismissal, contending (1) the court erroneously ruled that the service requirement in section 66499.37 is a statute of limitations; (2) the County made a general appearance when it…