Can an action be dismissed entirely for failure to effect proper service?
MultiRegion, United States of America
The following excerpt is from Herndon v. Imperial Cnty., Case No.: 14-cv-709-GPC-PCL (S.D. Cal. 2016):
A district court has broad discretion to dismiss an action entirely for failure to effect proper service. Jones v. Auto. Club of S. Cal., 26 F. App'x 740, 742 (9th Cir. 2002). Substantial compliance with service of process requirements and actual notice are generally fail to establish service sufficient enough to withstand a discretionary dismissal for lack of service. Id.
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