Legal Question in Civil Litigation in California

when a civil action complaint is filed, isn't the next step to serve summons? And can a judge decide to reject the claims and not serve summons without allowing the defendants to answer or demurrer, especially when a demand for jury trial is made?


Asked on 2/11/10, 10:32 pm

4 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Serving the summons is the plaintiff's job, not the court's. If you've asked the court to do this for you, then its refusal was proper. If too much time has passed and you haven't taken reasonable steps to have the defendant served, then the court can sanction you and/or dismiss the case.

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Answered on 2/16/10, 10:58 pm

Mr. Hoffman is correct. In addition, certain plaintiffs and certain causes of action may require court approval to file. It is unsual, but not unheard of.

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Answered on 2/16/10, 11:01 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

It's not clear from your question whether you're suing, or being sued. If you received a complaint, even if there's no summons attached to it, your best course of action is to consult an attorney so that you can be sure that a response to the complaint is filed within 30 days.

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Answered on 2/17/10, 12:39 am
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

You have to serve the summons and complaint, not the Court. The Court typically sets a follow up date by which you have to do so or explain why you have not. If you take too long to serve the summons and complaint, the Court can dismiss the action.

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Answered on 2/17/10, 5:59 pm


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