Can I file to dismiss and how ifI live in a completely different state and service was not timely made?
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Can I file to dismiss and how ifI live in a completely different state and service was not timely made?
A civil suit was filed against me over 3 months ago in CA They made 1 attempt to serve but I was out of state. I am a resident of another state. The process server seems to think I’m a resident of my girlfriend’s apartment in CA and they made a service attempt there. But that’s not my residence and I’m not even a CA resident. How can I dismiss this based on them not having served within 60 days? Is this possible? Shouldn’t I have to be served at my residence or if they personally encountered me?
Asked on September 21, 2011 under Real Estate Law, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In California there is a statutory time under its code of civil procedure to serve a defendnat with a summons and complaint which is three (3) years. However, many local rules for each county's court system want a defendant served with the summons and complaint within sixty (60) days or so after the complaint is filed.
You cannot force the dismissal of the action filed against you because you have not been served with the summons and complaint yet. It is up to the judge calling the case management calendar to dorce the issue with an order to show cause re dismissal of the action.
You need to be aware that if you are an out of state resident, you can be served with the summons and complaint by certified mail return receipt requested or by publication in a newspaper.
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