How long does a plaintiff have to serve the dependent after filing a lawsuit

Asked over 1 year ago - Pollock Pines, CA

auto accident 2 yrs ago. lawsuit filed just before the statue of limitations was up. I was at fault. aside from having their car fixed no other contact with the insurance co. only reason lawsuit is known was the insurance contacted the county.

Attorney answers (4)

  1. Frank Wei-Hong Chen

    Contributor Level 20

    12

    Lawyers agree

    Answered . Under the California Rules of Court, the plaintiff generally must serve the summons and complaint within 60 days after filing the lawsuit. See Government Code section 68603(c) under the Trial Court Delay Reduction Act of 1990, and California Rules of Court, Rule 3.713 and 3.714 which sets forth the goals.

    Under the Code of Civil Procedure, the court has the discretion to dismiss the case after two years. The trial court has broad discretion to dismiss an action for delay in prosecution if service has not been made within two years after the action is commenced against a defendant. (Code of Civil Procedure section 583.420(a)(1); Howard v. Thrifty Drug & Discount Stores (1995) 10 Cal.4th 424, 443. )

    California also has a five year mandatory dismissal statute. Specifically, California Code of Civil Procedure section 583.310 provides: " An action shall be brought to trial within five years after the action is commenced against the defendant."

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
  2. Robert Max Klein

    Pro

    Contributor Level 15

    10

    Lawyers agree

    Answered . It looks like the current rules for the county of El Dorado state: 7.12.06 SERVICE OF COMPLAINT & CASE MANAGEMENT DOCUMENTS A. SERVICE OF COMPLAINT. Within 60 days after filing a complaint, the plaintiff shall serve the summons and complaint and case management documents on all defendants and file a proof
    of service with the court. Within 30 days after amending a complaint to add a defendant, the
    plaintiff shall serve the added defendant and file a proof of service with the court.

    However there are other rules regarding service. You should call your insurance carrier to make sure that you know the name of your adjuster, let him/her know your address and phone number and if you do get served, call them right away.

  3. Jeffrey David Bohn

    Contributor Level 12

    5

    Lawyers agree

    Answered . A reasonable amount of time. Yes it sounds confusing but after you file a lawsuit, the court will set a Case Management Conference approximately 90 days later. If you don't serve the defendant, they will continue the CMC every 60 days or so until you do. However, if you don't serve them within a year or so a judge can set an OSC (Order to Show Cause) as to why the case should not be dismissed because you have not exercised due diligence to complete service. Remember, you can always serve someone via publication in a newspaper, but you have to get permission from the court first.

  4. Manuel Alzamora Juarez

    Contributor Level 20

    4

    Lawyers agree

    Answered . I agree with attorney Chen. All of us know we have 60 days to serve the defendant. Usually, I try to use the first 30 days to see if a deal can be done, but if do not see a serious offer I serve it and start the discovery process. Best of luck.

    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de... more

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