Legal Question in Personal Injury in California

Re: motion to dismiss

The 60-day filing date is not jurisdictional. You'd better file your responsive pleading within 30 days of service or the plaintiff can secure a judgment against you. I don't believe the court would consider your motion to dismiss to be well-taken. OSCs (order to show causes) are routinely generated upon filing of the complaint in order to hold the plaintiff's attorney's feet to the fire to have the defendant served quickly.

Re: motion to dismiss

Your question doesn't say whether you were actually served or not. This is an important point.

If you have not been served then the court does not have jurisdiction over you. Filing a motion to dismiss, however, would give the court that jurisdiction and would thus be self-defeating. Also, if you haven't been served you are not a party and thus have no standing to request a scheduling change.

Of course, if you haven't been served then the plaintiff should not have filed papers saying that you had. Was there some sort of mistake?

If you have been served then the OSC is likely over whether to dismiss for lack of prosecution. You probably won't get very far asking for an earlier date, though the court will schedule a *later* date for you if the date it set poses a conflict and if you request the change properly.