In Courtney v. Abex Corp. (1986) 176 Cal.App.3d 343, after the plaintiffs served several defendants, they filed copies of the summons with the court within the required three-year period. After the three-year period expired, the defense moved to dismiss based upon the plaintiffs' failure to return the original summons to the court. The plaintiffs responded by moving to file the original summons nunc pro tunc to correct their earlier failure. The trial court denied the plaintiff's motion and granted the defense motion to dismiss. The appellate court reversed. It noted that the statute did not require return of the original summons as opposed to a copy of the summons. (Courtney, supra, 176 Cal.App.3d at p. 347.) Further, in language relied upon by the trial court in the present case, it wrote: "The purpose of requiring a return to the court of the summons and proof of service is to give the court notice that plaintiff is diligently prosecuting his case and that defendant has been informed of the action against him and knows he must appear in court.If service upon the defendant is properly made, it is of little importance that there is a defect in the return since ' "it is the fact of service which gives the court jurisdiction, not the proof of service." ' " (Id. at p. 346.)