For California superior courts, does a lawsuit fall within the appropriate statute of limitations upon filing the complaint or serving the process? Can you file the lawsuit within the statute and then serve it outside of the statute? Thank you.
Contracts / Agreements Lawyer
1. Filing. 2. File within the statute and you can serve outside the statute.
This is not legal advice nor does it create an attorney-client relationship. This is for education and informational purposes only. It is always recommended that you contact an attorney with any concerns as each individual case is unique.
1 found this helpful
3 lawyers agree
"Can you file the lawsuit within the statute and then serve it outside of the statute?" -- Yes. Filing is the operative date. However, depending on the lawsuit or defendant, do not forget to comply with any claims statute prior to filing.
I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice or counsel. Answers must not be relied upon. Legal advice and counsel must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice and counsel during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice or counsel in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for advice and counsel. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference
1 found this helpful
4 lawyers agree
Construction / Development Lawyer
You need to file your lawsuit within the statute or limitations. Doing that preserves the right to sue and the date of filing is the operative date. The date of service is not relevant for statute of limitations purposes.
2 lawyers agree