Hennessey's Tavern, Inc. v. American Air Filter Co.

Hennessey’s Tavern, Inc. (plaintiff) appeals (1) from a judgment (order of dismissal) made and entered following the granting of a motion to dismiss action based on plaintiff’s failure to serve Allan Elliot and Air Temperature Systems, a California corporation, with summons and complaint within the three-year time period prescribed by Code of Civil Procedure sections 1 583.210 and 583.250; (2) from an order awarding attorney’s fees to those defendants; and (3) from an order denying a motion for reconsideration of both of those orders. We reverse the judgment and the order awarding attorney’s fees and dismiss the appeal from the order denying reconsideration.

The Principal Holding

In this appeal we hold that, as to defendants who are first named in an amended complaint and alleged to be the alter egos of a defendant named in the original complaint, the action is commenced at the time the amended complaint is filed first naming them as defendants. (§§ 583.210, 583.250.)

Procedural and Factual Statement

The action was commenced on June 30, 1982, when plaintiff filed a complaint against American Air Filter Company, Inc. (Air Filter), Elliot *1355 Air Conditioning…