California Court of Appeal

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Higgins v. The Superior Court of San Diego County, 071353

Issuing an order to show cause and grant a petition for writ challenging the trial court's denial of a motion to dismiss on account of the failure by the case initiator to serve them with a summons and complaint within three years of the commencement of the action because the nondebtor party's service of process was not subject to a an automatic stay upon filing of the bankruptcy petition.

Appellate Information

  • Decided
  • Published 2017/09/28




  • California Court of Appeal