Legal Question in Business Law in California

Re: OSC Service of Process

OSC is an abbreviation for "Order to Show Cause."

Judges issue orders to lawsuit parties who fall out of compliance with the procedural rules. In your case, you probably sued one or more parties, but have not completed service of process (including filing proofs of service) on all of the parties within the prescribed time limits. Since you are overdue to complete service on all named defendants, the court is ordering you to show "good cause" why some action should not be taken by the court against you, such as dismissing the un-served defendants or ordering you to pay monetary sanctions.

You should obtain (if you don't have it)and read the OSC carefully. See what it orders you to do, by when, and what the consequences will be for failure to do so. You probably have to appear in court on a certain date. Your appearance may be excused if you correct the shortcomings that concern the judge - such as failure timely to serve all defendants - several court days before your OSC court date. Otherwise, be prepared to explain to the judge wht you haven't served all defendants and filed proofs of service attesting to that.

If one or more defendants are evading service of process, and you have made repeated good-faith efforts to serve them, reporting that may buy you more time and prevent dismissal or sanctions or both.

Re: OSC Service of Process

You have to tell the court on that hearing why you haven't filed a proof of service of the complaint (or other pleading) on the other party as you are supposed to.

You can file a Response to OSC with declaration explaining why you failed to serve the defendant with summons. This is likely the problem.

Thanks,

Arkady Itkin

www.arkadylaw.com