Statute of limitations: are you within the statute on filing the complaint or serving it?

Asked about 1 year ago - Los Angeles, CA

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.

Attorney answers (3)

  1. Michael Raymond Daymude

    Pro

    Contributor Level 20

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    Answered . "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... more
  2. Nicholas Basil Spirtos

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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.

  3. Bennett James Wills

    Pro

    Contributor Level 17

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    Lawyers agree

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    Answered . 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... more

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