California | Personal Injury
Legal Question
Suit filed after statute of Limitations has run out
I was involved in an auto accident that occured in Oct. of 1996. I was not the owner of the vehicle (though the owner was the passenger in the vehicle with me). I did not have auto insurance, we filed all the required accident/property damage reports, and nothing had ever transpired of this matter. This week, the owner of the car I was driving recieved a a summons/citation w/both our names for a civil suit in judicial court (via regular mail) for: GN-1, Uninsured motorist benefits, personal injury, and subrogation. I was never served & only through a phone call from him was made aware of it. Hasn't the statute of limitations already run out? Don't I have to be personally served? And alot of the information on the claim is incorrect. For example, on his Proof Of Service-Summons, none of the boxes to indicate how service was made to him are marked (the entire form is blank) and on his copy of the Cause of Action-Motor Vehicle where it lists the def names, it has my name as being the "def who was an agent and employee of the other def and acted within the scope of the agency". I was never employed by th eother def nor did the he ever state that information.
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