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McDONAGH v. GOURNEAU

Docket Nos. 33499, 33500.

2 Cal.App.3d 1033 (1969)

83 Cal. Rptr. 63

LOUISE L. McDONAGH, Individually and as Executrix, etc., Plaintiff and Appellant, v. RALPH LOUIS GOURNEAU, Defendant and Respondent. FLORENCE HUEBNER, as Executrix, etc., Plaintiff and Appellant, v. RALPH LOUIS GOURNEAU, Defendant and Respondent. (Consolidated Cases.)

Court of Appeals of California, Second District, Division One.

December 23, 1969.

Attorney(s) appearing for the Case

COUNSEL

Fizzolio & Fizzolio, James M. Fizzolio and Carl Q. Christol for Plaintiffs and Appellants.

Kean & Engle, Frederick F. Lower, Jr., and Henry F. Walker for Defendant and Respondent.

OPINION

LILLIE, J.

In each of these two wrongful death actions against defendant Gourneau and others, consolidated below as well as here, the trial court granted Gourneau's motion to dismiss for failure to file return of summons and have judgment entered within three years, absent a stipulation by the parties that the above time be extended, pursuant to section 581a, Code of Civil Procedure. The appeal in each matter is from the order...

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