Legal Question in Civil Litigation in California

Re: Service of complaint after 60 days of filing (Rule 201.7)

You need to file an answer. Perhaps you have insurance that will defend it. Call me directly at (619) 222-3504.

Re: Service of complaint after 60 days of filing (Rule 201.7)

Do not rely on the 60-day rule. Respond to the complaint within 30 days after you are served. If the complaint relates to something that might possibly be covered by your auto insurance carrier (auto accidents) or homeowners or renters insurance (many other types of lawsuits) then notify your insurance carrier right away. Otherwise seek legal advice immediately (i.e. before attempting to respond to the complaint by yourself), as merely responding to the complaint is not sufficient to defend the lawsuit. There are lots of other things your lawyer would need to do in order to successfully defend the lawsuit or even to obtain your "day in court."

Re: Service of complaint after 60 days of filing (Rule 201.7)

You need to contact them and explain the situation and demand they re-file. Then send a letter confirming your phone call and their agreement to re-file. If they are unwilling to comply you could file a motion to quash service. You must do something or a default and judgment will be filed against you. The rule you speak of is a fast track local rule only. The court may sanction the offending party for its failure to comply, but you still must do something. Please feel free to contact me if you need further help. www.sandiegorealestatelaw.com

Re: Service of complaint after 60 days of filing (Rule 201.7)

Yes you must answer or file a motion or you will be defaulted. The late service, (if it is late, they may have obtained an extension)will not be a good defense most likely.

JOEL SELIK

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Re: Service of complaint after 60 days of filing (Rule 201.7)

Yes you need to respond. You may contact me for representation.

Re: Service of complaint after 60 days of filing (Rule 201.7)

The personal service of a complaint after the 60 day rule does not invalidate the complaint or the service. Once a defendant is personally served with a civil complaint, that defendant must file responsive pleadings within 30 days.

If you have insurance, turn the matter over to your carrier immediately so that they can hire defense counsel to protect your rights.

If you do not have an attorney, hire one immediately so that a proper response may be filed on your behalf.

Either way, you must file a responsive pleading to the complaint within the time allowed by law. If you fail to file a responsive pleading, a default may be entered against you in the case.

Re: Service of complaint after 60 days of filing (Rule 201.7)

1) No.

2) Yes.

3) See (2) above.

I agree with what Messrs. Brainard, Rosenstein, Selik and Stone have written, but I do not agree with Mr. Renick. Demanding that the plaintiffs refile seems rather pointless since their suit has not been dismissed.

Late service could lead the court to sanction the attorney but it likely will not, especially if there is a good reason for it. Attorneys who don't serve their papers on time usually have to explain themselves to the court, but I have never heard of a court dismissing a case on this ground when the defendant actually has been served.

Re: Service of complaint after 60 days of filing (Rule 201.7)

1. No, late service does not invalidate the complaint.

2. Yes, you must file a response with the Court within 30 days of personal service.

3. Yes, you should turn the matter over to your insurance company if you have insurance coverage for the claimed damages or if not, contact an attorney immediately.

If you would like a free consultation, please e-mail me with contact information or call me at (818) 991-6664. I have twenty-five years experience in litigation.

Good luck and thank you for your inquiry.

Re: Service of complaint after 60 days of filing (Rule 201.7)

You will have to respond to the complaint. If you need assistance, please contact our office.

Re: Service of complaint after 60 days of filing (Rule 201.7)

Yes, you must file a response. If you are familiar with Rule 201.7,then refer to sub-section (e) permitting extensions of time to serve beyond the 60-day period recited in sub-section (b).