Legal Question in Civil Litigation in California
If I file a law suit to beat the statute of limitations how soon after its filed does the defendant have to be served?
2 Answers from Attorneys
There is no deadline vis a vis the statute of limitations. Once you file, you are covered. There is a rule in the California Rules of Court that requires service of the summons and complaint and filing of the proof of service within 60 days after the summons is issued. Failure to do so, however, does not invalidate the filing. Rather it will result in issuance of an order to show cause why the case should not be dismissed for failure to proceed. If you then serve and file proof of service, the OSC will be taken off calendar in every county I know of.
I agree with Mr. McCormick. The statute of limitations is tolled while your lawsuit is pending.
If your case is not exempt from fast track rules, then the rules of court provide that you should have the summons and complaint and any other case documents on all named defendants within 60 days of filing. If you don't meet this deadline, the court can start setting orders to show cause which could result in your case being dismissed if you don't comply.