Is a declaratory relief action barred by the statute of limitations prescribed in Code of Civil Procedure?

1 Although respondent also contends that appellant's declaratory relief action is barred by the statute of limitations prescribed in Code of Civil Procedure section 583.210, which provides, in part: "The summons and complaint shall be served upon a defendant within three years after the action is commenced against the defendant," and Code of Civil Procedure section 583.310 which provides: "An action shall be brought to trial within five years after the action is commenced against the defendant," we need not deal with this issue because the cited sections are inapplicable to the instant case for three reasons: (1) although appellant never served the first complaint for declaratory relief, respondent did make a general appearance by filing a notice of taking deposition. As a result, section 583.210 does not apply (Code Civ.Proc., 583.220); (2) because an order was issued staying discovery within one month after the first declaratory action was commenced, any applicable statute of limitations was tolled (see, Hoover v. Galbraith (1972) 7 Cal.3d 519, 526, 102 Cal.Rptr. 733, 498 P.2d 981; see also Code Civ.Proc., 356); and (3) the declaratory relief complaint was dismissed without prejudice prior to the running of the five-year period in section 583.310.