Legal Question in Civil Rights Law in California

I do not know how strong of a case you have as to there being sewer service; the stronger argument is that there should be terminating sanctions for failure to serve you within a year, especially since cases are supposed to be resolved within one year.

See below for some applicable law:

Failure to serve summons and complaint in 60 days

--------------------------------------------------------------------------------

California summons and complaint are -(at least in theory) - according to Rule of Court 201.7 as stated below require that the complaint be served within 60 days

------------------------------------------------------------------------------------

California Rules of Court 201.7

------------------------------------------------------------------------------------

2005 California Rules of Court

Rule 201.7. Time for service of complaint, cross-complaint, and response

(a) [Applicability] This rule applies to the service of pleadings in civil cases except for unlawful detainer actions, proceedings under the Family Code, and other proceedings for which different service requirements are prescribed by law.

(b) [Service of complaint] The complaint must 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. When the complaint is amended to add a defendant, the added defendant must be served and proof of service must be filed within 30 days after the filing of the amended complaint.

(c) [Service of cross-complaint] A cross-complaint against a party who has appeared in the action must be accompanied by proof of service of the cross-complaint at the time it is filed. If the cross-complaint adds new parties, the cross-complaint must be served on all parties and proofs of service on the new parties must be filed within 30 days of the filing of the cross-complaint.

(d) [Timing of responsive pleadings] The parties may stipulate without leave of court to one 15-day extension beyond the 30-day time period prescribed for the response after service of the initial complaint.

(e) [Modification of timing; application for order extending time] The court, on its own motion or on the application of a party, may extend or otherwise modify the times provided in (b)-(d). An application for a court order extending the time to serve a pleading must be filed before the time for service has elapsed. The application must be accompanied by a declaration showing why service has not been effected, documenting the efforts that have been made to effect service, and specifying the date by which service is proposed to be effected.

(f) [Failure to serve] Unless the court has granted an order extending the time to serve a complaint or cross-complaint, the failure to serve and file pleadings as required under this rule may result in an Order to Show Cause being issued as to why sanctions shall not be imposed.

(g) [Request for entry of default] If a responsive pleading is not served within the time limits specified in this rule and no extension of time has been granted, the plaintiff within 10 days after the time for service has elapsed must file a request for entry of default. Failure to timely file the request for the entry of default may result in an Order to Show Cause being issued as to why sanctions shall not be imposed.

(h) [Default judgment] When a default is entered, the party who requested the entry of default must obtain a default judgment against the defaulting party within 45 days after entry of default, unless the court has granted an extension of time. Failure to obtain entry of judgment against a defaulting party or to request an extension of time to apply for a default judgment may result in an Order to Show Cause being issued as to why sanctions shall not be imposed.

(i) [Order to Show Cause] When the court issues an Order to Show Cause under this rule, responsive papers to the Order to Show Cause must be filed and served no less than 5 calendar days before the hearing.

Rule 201.7 adopted effective July 1, 2002.

Drafter's Notes

2002-The California Rules of Court relating to civil case management were amended to reflect modern case management practices. Many obsolete provisions relating to case management are eliminated. The amended rules provide a comprehensive approach to the management of civil cases in the trial courts. The main features of the rules include:

New rule 201.7 prescribes the time for service of pleadings in civil cases. This rule will replace the various local rules on this subject.

The rules on differential case management are relocated and renumbered.

-----------------------------------------------------------------------------------

End of quoted text being California Rules of Court 201.7

-----------------------------------------------------------------------------------

If one needs more time to serve then -(in theory) - one is supposed to make a motion to extend time for service of summons and complaint.

Unfortunately, as a practical matter, while -(again in theory)-you can ask for sanctions in being served late, if the Plaintiff has any credible excuse that you were not served in time then the request most likely be denied.

You might want to check the court file if a judge signed an order extending time to serve.

Usually, if the amounts of money are significant, Plaintiff files an order for service by publication under Code of Civil Procedure Section 415.50

I have to leave in a minute so e-mail me so that I can provide additional information.

[email protected]