What is the test for dismissing a motion of no prejudice against a defendant for failing to provide service within the statutory period?

California, United States of America


The following excerpt is from Schumpert v. Tishman Co., 198 Cal.App.3d 598, 243 Cal.Rptr. 810 (Cal. App. 1988):

At the outset, we observe that the issues raised by this appeal are anything but unique. They constitute familiar terrain over which we have traveled on numerous occasions. In Longshore v. Pine (1986) 176 Cal.App.3d 731, 222 Cal.Rptr. 364, we rejected arguments similar to those advanced here and held that a defendant need not make an affirmative showing of prejudice in order to be entitled to a dismissal for the plaintiff's failure to effect service within the statutory period. Today, under the facts of the present case, we reaffirm that holding.

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