Santa Catalina Island Co. v. Superior Court of Riverside Cty.

On June 17,1964, Bruce R. Best et al., filed a personal injury action against Press-Enterprise Company, a California corporation, Edward G. Robinson, Gordon L. Primmer and various Does. The named defendants answered. A pretrial conference order, filed January 6, 1966, dismissed all fictitious parties. On September 20, 1966, by stipulation, plaintiffs and the named defendants obtained an order amending the pretrial conference order to read: “The action is dismissed as to all fictitious parties except Doe I and Doe II.”

Petitioner Santa Catalina Island Company, served with summons and complaint as a doe defendant, then made a special appearance, moving to quash service for lack of jurisdiction. The motion was denied. Petitioner now seeks a writ of mandate.

Petitioner contends the September 20, 1966 order setting aside the dismissal of all fictitious defendants is void because not sought within six months following the dismissal, as allegedly required by Code of Civil Procedure, section 473, citing Davies v. Superior Court, 228 Cal.App.2d 535, 538, 541 [ 39 Cal.Rptr. 693 ]. In Davies this court held, in substance, a dismissal based on the written request of plaintiff under Code of…