Legal Question in Business Law in California

statutes

Once a suit is filed in California, how long does the plaintiff have in which to perfect service. Home much time until it would be necessary to refile and does the filing of the action toll the statute.


Asked on 4/07/08, 10:15 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: statutes

Filing doesn't just "toll" (pause, interrupt) the running of the time limit for initiating suit, it is in itself the event that would be time-barred.

Service of process must be accomplished within three years after the complaint is filed (Code of Civil Proecedure section 583.210(a)) and proof of service of the summons shall be filed within 60 days after the time the summons and complaint must be filed (CCP 583.210(b)).

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Answered on 4/07/08, 11:55 pm


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