What is the legal test for dismissal of an action brought by the owner of a property in which he alleges that the original summons was fatally defective?

California, United States of America


The following excerpt is from Community Redevelopment Agency of Los Angeles v. Superior Court for Los Angeles County, 248 Cal.App.2d 164, 56 Cal.Rptr. 201 (Cal. App. 1967):

The necessity for requiring a dismissal of the action is even stronger when it appears that the summons originally issued was fatally defective in that it was not directed to 'all persons interested' in the matter of the validity of the redevelopment plan in issue. In Armstrong v. Superior Court, 144 Cal.App.2d 420, 424, 301 P.2d

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