Legal Question in Civil Litigation in California

On June 18th. 2009, I was in a car accident that was my fault. I had no insurance but the other party did. Nothing had happened with the case until my ex roommate was served with my summons and complaint today (October 14th, 2011). they filed the papers on September 20th 2011. I have no default or judgement yet, they are suing me for about $50,000 for pain & suffering, medical expenses and personal damages. Can they sue me even though the statute of limitations is up ( I think the SoL is 2 years) and is that a proper service?


Asked on 10/14/11, 11:19 am

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

For property damage they would have 4 years from the date of the injury but all other damages form the accident they would have to file by or on 6/18/11, unless you agreed to extend the time limits. Immediately call the attorney listed on the Complaint and ask why the case is not barred by the Statute of Limitations. Also tell them that service was on your ex-room mate and not given to an adult at your residence reasonably calculated to give you the papers [if they ask, say it does not matter how you got the papers]. Tell them that if they do not dismiss the suit you will demurrer and ask for sanctions for a clear abuse of process in not dismissing a barred suit; follow up immediately with a letter summarizing what you said so you have something in writing.

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Answered on 10/14/11, 11:36 am
Anthony Roach Law Office of Anthony A. Roach

I disagree with Mr. Shers. Don't call opposing counsel and point out that the statute of limitations has run, as that will most likely result in them filing an amended complaint or omitting the date of the accident.

I suggest you see an attorney and have him or her review the summons and complaint, before broadcasting your strategy to opposing counsel.

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Answered on 10/15/11, 2:22 pm


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