Can an action be dismissed if service is not made within the statutory prescribed time?
California, United States of America
The following excerpt is from Lin v. Sepulveda, B284179 (Cal. App. 2019):
provides that the action 'shall' be dismissed if service is not made within the statutorily prescribed time and that the foregoing requirements 'are mandatory and are not subject to extension, excuse, or exception except as expressly provided by statute.' (Id., subds. (a)(2), (b).)" (Watts v. Crawford (1995) 10 Cal.4th 743, 748.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
Can a plaintiff in a city's eminent domain action continue to seek declaratory relief against the city until after the time of the action has been dismissed? (California, United States of America)
Does a voluntary dismissal of an action result in a judgment in the absence of a defendant as to whom the action was dismissed? (California, United States of America)
What is the test for timely appeal against a prefiling order declaring her a vexatious litigant and an order of dismissal of an action for failure to timely furnish security? (California, United States of America)
What is the test for dismissing a motion of no prejudice against a defendant for failing to provide service within the statutory period? (California, United States of America)
When an underlying action is voluntarily dismissed, can the underlying action be dismissed? (California, United States of America)
What is the test for dismissing an action after the statutory period for service of process or commencement of trial has run? (California, United States of America)
Does a voluntary dismissal of an action result in a judgment in the absence of a defendant as to whom the action was dismissed? (California, United States of America)
Is there any reason to dismiss a motion to dismiss an action brought by an individual against an individual who is also a partnership and corporate defendant? (California, United States of America)
Does the late filing of a complaint in an intervention action require the respondent to respond to the complaint within the time set out in the summons? (California, United States of America)
