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What is the time limit to serve a summons to defendent in Santa Barbara, CA?

Santa Barbara, CA |

I filed a lawsuit over 4 months ago, and have not served defendent, I have not filed or aks for extensions, I have not heard from the courthouse. What can I do? Do I have them serve and file proof? or do I ask for an extension?

Attorney Answers 3


  1. Court Rules require service to be done within 60 days. The court generally sets a Case Management Conference within 150 days of filing. You want to serve complaint and file proof of service before that CMC hearing.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.


  2. If you do not effect service, and file a prooof of service with the court, the court will set an Order to Show Cause re Dismissal, and eventually dismiss your case.

    I would strongly urge you to consult immediately with a litigator skilled in this area of the law.

    PLEASE NOTE THAT THIS RESPONSE SHOULD NOT BE CONSTRUED AS A LEGAL OPINION OR ADVISE, AND DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. IN ORDER TO RENDER A LEGAL OPINION OR ADVISE, THE RESPONDING ATTORNEY WOULD NEED FAR MORE INFORMATION THAN HAS BEEN PROVIDED, AND WOULD NEED TO BE RETAINED PURSUANT TO A WRITTEN FEE AGREEMENT.


  3. There is a form to ask for extension. YOu need them served before the first case management hearing.

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