Shoreline Aviation v. Superior Court
The trial court refused to grant relief to extend the time to file a motion to quash for lack of personal jurisdiction. Petitioner is a small Massachusetts corporation, which was named as a Doe defendant in a wrongful death case almost two years after the lawsuit was originally filed, and which missed the deadline to respond to the complaint and challenge jurisdiction in California by two weeks. The person responsible for ensuring the summons and complaint served on the corporation were forwarded to the corporations insurance broker did not do so because of severe, emergency family crises and tragedy, involving the sudden death of her brother and the serious illness of her mother, both of which required her time and attention for several months. The corporations failure to timely respond to the complaint was excusable neglect as a matter of law, and Theodore and Sandra Premer, plaintiffs and real parties in interest, would not suffer any prejudice if the trial court granted the relief sought. Therefore, court issue a peremptory writ directing the trial court to grant the requested relief.
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