Jameson v. Desta
In April 2002, Barry S. Jameson filed a complaint against Dr. Tadesse Desta, alleging numerous claims stemming from Dr. Desta's allegedly negligent medical treatment of Jameson while Jameson was incarcerated at the Richard J. Donovan Correctional Facility. In September 2005, the trial court granted Dr. Desta's motion to dismiss the case for lack of prosecution. The trial court granted the motion to dismiss on the ground that Jameson "was not diligent in effecting service on Dr. Desta." Code of Civil Procedure section 583.420, subdivision (a)[1]grants a trial court discretion to dismiss an action if service has not been effected within two years of the filing of the complaint.On October 11, the court entered judgment in favor of Dr. Desta.
On appeal, Jameson contends that Dr. Desta's signing of an April 19, 2002 notice and acknowledgement of service establishes that Desta was timely served by mail, pursuant to section 415.30. Jameson argues that the trial court was thus not authorized to dismiss the action pursuant to section 583.420, subdivision (a). We agree that Jameson served Dr. Desta pursuant to section 415.30 no later than June 26, 2002. Accordingly, the trial court erred in dismissing the action for lack of diligent service.Court reverse and remand.
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