Hocharian

This court must decide what criteria govern operation of the mandatory dismissal provision of Code of Civil Procedure section 581a, under which a summons on a complaint must be served and return made within three years after an action is filed, in view of the implied exceptions to the statute as recognized in Wyoming Pacific Oil Co. v. Preston (1958) 50 Cal.2d 736 [ 329 P.2d 489 ].

I.

A third party cause of action was filed against General Motors Corporation, Paramount Chemical Corporation, Harold Beasley, dba Arco Service Station, and Does I through XXX on August 30, 1976. The complaint alleged that real party in interest (hereinafter plaintiff), Sonya Perez, was injured in an automobile accident in Whittier, California on September 3, 1975, while driving an automobile which was leased by her employer, Georgia-Pacific Corporation. The accident was alleged to have been caused by faulty brakes. Georgia-Pacific subsequently intervened in the lawsuit and sought recovery of sums paid to *718 Ms. Perez as a result of a workers’ compensation claim arising out of the accident. Plaintiff alleges that she and Georgia-Pacific cooperated with each other in the prosecution of the…

I join the view ably expressed by Justice Richardson that today’s majority decision is contrary to prior law and contravenes the policy underlying Code of Civil Procedure section 581a. But the majority decision goes even further. By requiring an “unreasonable conduct” test, {ante, p. 720), it removes all substantive effect from section 581a.

Code of Civil Procedure section 583, subdivision (a) provides for dismissal of actions not brought to trial within two years. When a plaintiff is guilty of unreasonable conduct in failing to bring the case to trial, dismissal under the two year statute is appropriate. (Cal. Rules of Court, rule 203.5; Sanborn v. Chronicle Pub. Co. (1976) 18 Cal.3d 406, 418-419 [ 134 Cal.Rptr. 402 , 556 P.2d 764 ]; Denham v. Superior Court (1970) 2 Cal.3d 557, 564 [ 86 Cal.Rptr. 65 , 468 P.2d 193 ]; Corlett v. Gordon (1980) 106 Cal.App.3d 1005 , 1013 et seq. [ 165 Cal.Rptr. 524 ]; Brown v. Pacific Tel. & Tel. Co. (1980) 105 Cal.App.3d 482 , 487 et seq. [ 164 Cal.Rptr. 445 ]; Lopez v. Larson (1979) 91 Cal.App.3d 383 , 396 et seq. [ 153 Cal.Rptr. 912 ]; Moore v. El Camino Hosp. Dist. *729 (1978) 78 Cal.App.3d 661, 663 [ 144 Cal.Rptr. 314 ]; City of Los Angeles…