Perez

Plaintiff/appellant Yvonne Perez appeals a judgment dismissing her action for personal injuries against defendant/respondent Sallee Smith on grounds of untimely service. (Code Civ. Proc., §§ 583.210, 583.410.) We affirm.

Facts

On September 30, 1988, appellant filed her original complaint in the municipal court. On August 21, 1991, her motion to transfer the case to the superior court was granted. On January 17, 1992, appellant applied for and was granted an ex parte order for service of summons by publication, pursuant to section 415.50. In his supporting declaration for the ex parte order, appellant’s counsel stated: (1) Appellant’s complaint was filed September 30, 1988; (2) counsel had attempted to serve respondent by mail, but her insurance carrier refused to divulge her present address, and attempts at locating respondent through a search of county records or contact of all known potential employers in the area of her last known address were unsuccessful; and (3) counsel was unaware of any other person or source from which to determine respondent’s whereabouts. In granting the application the court found that appellant could not with reasonable diligence personally…