California Rules of Court, Rule 3.110, requires that the summons and complaint be served on all named defendants and proofs of service on those defendants must be filed with the court within 60 days after the filing of the complaint. In my case I did as required, sub-served the defendants, and filed the proofs of service and certificate of service. However, the defendants filed a frivolous motion to quash service which was granted and I have a pending motion for reconsideration. The law is not clear on how much time a plaintiff has to re-serve defendants after a motion to quash service is granted. I’d imagine that in some cases of evasive defendants, it takes a while to serve them. Does the following give an upper limit on time to re-serve a defendant? Code of Civil Procedure 583.420. (a) The court may not dismiss an action pursuant to this article for delay in prosecution except after one of the following conditions has occurred: (1) Service is not made within two years after the action is commenced against the defendant.This is a follow up to a previous question, answers, and comments at http://www.avvo.com/legal-answers/does-service-of-process-have-to-start-all-over-aft-713186.html
If the defendants have filed a motion to quash service of summons, you really ought to have your process server re-effectuate service of the summons as soon as possible, rather than just opposing the motion to quash or filing a motion for reconsideration. If the motion for reconsideration is denied, you would still have to re-serve the defendants.
CRC Rule 3.110 says 60 days from filing the complaint. Therefore, you still only have 60 days from the date the complaint was filed. If you've gone beyond the 60 days and haven't filed a proof of service of summons within 90 days of filing, the court might issue an order to show cause. In short, you need to show diligence in effectuating service of process.
Don't get caught up with CCP 583.420 yet. You are not yet at that stage.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
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