Biss
Biss v. Bohr
Opinion
Opinion
Wallin, J.
Charlotte Biss appeals the order dismissing the case, contending the trial court erred: (1) by finding she had failed to make timely service on Robert J. Bohr and Daniel E. Kaplan; and (2) by refusing to consider her assertion of estoppel against John Mitchell’s claim she failed to make timely service on him. We affirm in part and reverse in part.
Biss sued Bohr, Kaplan, and Mitchell for medical malpractice on June 15, 1990. She served all three defendants on June 9, 1993, and filed the proofs of service September 13, 1993. In the interim Bohr and Kaplan filed their answer on July 16, 1993. Mitchell brought a motion, in which Bohr and Kaplan joined, to dismiss the action for failure to file the proof of service in a timely manner. The trial court granted the motion and dismissed as to Bohr, Kaplan, and Mitchell.
I
The trial court based its action on Code of Civil Procedure section 583.250, which mandates dismissal when “service” is not timely made. “Service” consists of serving the summons and complaint and effecting return of summons. (§583.110, subd. (f) [“Service” includes return of summons.]; Wong v. Armstrong World Industries, Inc. (1991) 232 Cal.App.3d 1032, 1034…