Legal Question in Business Law in California

Pulling facts out of you is like pulling teeth.

Under fast track rules, the courts have established by rule of court, a time period for service of the complaint within 60 days of filing the complaint. "The complaint must be served on all named defendants and proofs of service on those defendants must be filed with the court within 60 days after the filing of the complaint." (Cal. Rules of Court, rule 3.110(a).) "If a party fails to serve and file pleadings as required under this rule, and has not obtained an order extending time to serve its pleadings, the court may issue an order to show cause why sanctions shall not be imposed." (Cal. Rules of Court, rule 3.110(f).)

It is not clear whether Tuesday is the deadline you have calculated under the rule, or where you obtained a 15 day extension from. (The court or your opponent.) Each court implements and enforces the rule in a variety of ways. Some clerks calendar a "tickler" date when a complaint is filed and a summons is issued, for them to review the file to determine whether a proof of service has been filed. If not, the court sets an Order to Show Cause for the plaintiff to appear and explain why service has not taken place. Other courts do this by holding a "Case Management Review," in which the trial judge goes through stagnant cases assigned to his or her courtroom, and issues notices of the Order to Show Cause (OSC) hearing.

At the OSC the court tries to determine why service has not been made within the deadline. For a first violation, the trial courts are supposed to issue monetary sanctions for violations of the rule, with increasing sanctions, up to and including dismissal of the case for continuing violation and failure to serve. Some judges will dismiss the case outright, gambling that the unrepresented or represented party will not have the time, money, and wherewithall to file an appeal or a motion to set aside the dismissal. It's not legally appropriate, but it goes on all the time.

You don't tell us where the extension comes from, which county your case is filed, and whether there is a scheduled OSC or a previous OSC in which sanctions were issued with a warning to you.

For the benefit of other readers who might wonder about Mr. Roach's first sentence, I note that this user had posted other similar questions before this one and had been asked for additional information each time.