Legal Question in Real Estate Law in California
What happens if you are unable to serve one of two defendants by first CLERK`S TICKLER TO CHECK FOR PROOF OF SERVICE? Service to CTC on behalf of one party has been completed,
and is underway for the second, however proof of service may be received after clerk checks for
proof of service in the file.
2 Answers from Attorneys
What court? State or Federal? What is the CTC?
Who are you using for a process server, and what sort of difficulty in effecting service is being encountered?
Sometimes it is very difficult to serve all the defendants, and the plaintiff needs to get the judge's permission for service by publication.
Check for Rules of Court, the Local Rules, and/or ask the clerk about consequences, if any, of late proof of service.
It sounds to me as if you are in a fast track assignment. A fast track assignment is subject to the Trial Court Delay Reduction Act. That Act authorizes the courts to issue local rules that requires service of the summons and complaint within 60 days of the filing of the complaint.
The clerk's tickler is to determine whether plaintiffs have filed a proof of service within that time frame. If a proof of service as to all named defendants has not been served within that time frame, the clerk will set an Order to Show Cause hearing for you to explain to the judge why all of the parties have not been served.
I suggest getting the remaining defendant served and filing the proof of service with the court, prior to the hearing on the Order to Show Cause.