Legal Question in Real Estate Law in California

I am the plaintiff in a law suit which was filed almost two months ago, but the defendant has yet to be served. If the defendant is served later than 30 days after the suit has been filed at the court, can the suit be set aside for lack of timely service, even though the CMC is at least six months in the future?


Asked on 5/16/14, 1:33 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

You should be fine; service of process needs to be completed 15 or 20 days before the CMC, depending upon whether the defendant lives in the county or not, but there could be local rules that apply to your court or your case, so I'd advise asking the court clerk or legal advisor if your service isn't accomplished within a couple of months of the CMC. If necessary, you can ask for a postponement of the CMC.

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Answered on 5/16/14, 2:32 pm


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