Duckett

Code of Civil Procedure 1 section 583.210 requires that a complaint be served within three years of the filing of a complaint. Defendant in a personal injury action was served with a complaint after the three-year period had elapsed. Within the three-year period, however, he filed an answer to a complaint in intervention that was later dismissed prior to the service of the complaint. We hold that his answer to the complaint in intervention does not constitute a general appearance in the action. We therefore grant the petition to quash service of summons on him by plaintiff.

*1421 Background

On October 26, 1983, real parties Morris Skelton and George L. Rodriguez were operating a truck owned by their employer. The brakes failed and the truck crashed.

On October 23, 1984, they filed lawsuits against petitioner for personal injuries arising from the accident. Their complaints state that the brake failure was caused by faulty repairs made by petitioner.

On October 31, 1984, Beaver Insurance Company filed a complaint in intervention to recover the amount of workers’ compensation benefits it had paid to real parties as a result of the accident. (See Lab. Code, § 3852.) A…