Shipley

A.D. Shipley appeals from a judgment of dismissal. He claims his attorney’s alleged misconduct excuses his failure to timely serve his complaint and summons under Code of Civil Procedure section 583.210. We affirm.

Facts

On September 10, 1991, Shipley filed a complaint, in propria persona, for breach of contract against Daijiro Sugita, a citizen and resident of Japan. In October 1991, Sugita’s attorney informed Shipley that service of the complaint and summons would require compliance with “the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters” (the Convention). (See § 413.10.) In November 1991, Shipley attempted to serve Sugita by mail. Because service by mail is not authorized by the Convention, the court declared service invalid. The court also rejected two subsequent efforts to serve Sugita by mail. On May 27, 1992, Shipley filed an amended complaint.

In December 1992, Shipley retained Karen Anderson Ryer as his attorney. Shipley contends that Ryer informed him in February 1994 that Sugita had been properly served under the Convention. Thereafter, when Shipley asked Ryer for the proof of service, she…