Legal Question in Civil Litigation in California

Depending on the county you have local rules requiring service within 60 to 120 days, but the penalty for failure is not dismissal of the suit. The court cannot dismiss for failure to serve the compliant until MUCH longer than that. Furthermore, the court cannot dismiss for failure to serve when good faith efforts are being made to locate and serve the defendants. All that happens if you miss the deadline is you have to go in to court and report on why you haven't completed service and what you are doing to get it done.

In addition to Mr. McCormick's comments, which I agree with, the Court can always allow service by an alternative means, including publication. You also need to keep in mind that the failure to serve your friend will not prevent the action from going forward as to you. You need to respond within the required time frames and cannot just wait until your friend is served.

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