Sansome Properties v. Fuchs
We have before us the fourth appeal in this action, which still has yet to proceed beyond the point of valid service of process upon respondent. Appellants argue that their cross-complaint for express and implied indemnity against respondent was erroneously dismissed for failure to serve summons and complaint upon him within the three-year period specified in Code of Civil Procedure section 583.210, subdivision (a).[1] We agree with appellants that the three-year period was tolled pursuant to section 583.240, and did not lapse. Court also conclude that respondent made a general appearance in the action by pursuing a motion for restitution against appellants, and thereby effectively placed himself within the personal jurisdiction of the court. Court therefore reverse the judgment that dismissed appellants cross-complaint, and direct respondent to file an answer or other responsive pleading with 20 days of the issuance of the remittitur.
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