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What is the deadline to serve a summons in a civil lawsuit in orange County, CA?

Laguna Hills, CA |

I have read that it is 60 days and then somewhere else where it is 3 years. What if a summons is not served at the right address for over 1 year from the complaint filing date? They served me at a workplace I left 9 months earlier and I never got it until the served me 1 week ago at home. Can I move to quash the service as too late?

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Attorney answers 2


"Can I move to quash the service as too late?" -- No, assuming you have no other basis to quash service of the summons. The proper motion, if served more than 3 years after issuance, is a motion to dismiss pursuant to C.C.P. section 583.250(a).

The 60 day deadline imposed by CA Rules of Court 3.110 applies to filing the proof of service with the court. It is imposed to move the case along. Unless the court has dismissed the case (and therefore the case is no longer pending) pursuant to that rule, you must file a timely appropriate responsive pleading.

You should be able to verify the case status from the court's website. I advise you to consult local counsel ASAP so that your responsive pleading can be timely filed. Good luck.

The C.C.P. sections regarding service of summons, etc., are here:

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Once again, Mr. Daymude is spot on.

David Lawrence Berke

David Lawrence Berke


Mr. Daymude is correct. Looks like someone at the Orange County Court was asleep at the wheel, because the Courts normally set deadlines (OSCs) for the plaintiff to demonstrate that a proof of service has been filed. Get your response in, and go get them; doesn't sound like you have a particularly aggressive opponent.

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