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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?

Attorney Answers 2


  1. Best answer

    "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: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=583.210-583.250

    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. Answers must not be relied upon. Legal advice 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 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 in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference


  2. Once again, Mr. Daymude is spot on.

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