Legal Question in Civil Litigation in California

I am being sued in a huge embezzlement civil lawsuit. There were many parties that were named in the lawsuit. 12 to be exact...

They filed against me and my wife on May 11th, and filed the First Amended Complaint which named all the other people on June 4th. They eventually served me on June 17th.

Under proper service rules, it states that they were supposed to serve the other parties within 30 days of amended filing. They served two more of the parties last week, but after the 4th of July. Were those two still properly served? Are all the other parties free of this lawsuit since they weren't served at all?

All the other parties are people that I care about (family/friends) that is why I am asking.


Asked on 7/17/12, 3:21 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Worry about yourself, not the other defendants. No one is 'free' of the case unless they file and win a motion to dismiss, and you have stated insufficient grounds for that to succeed for you or them yet. Make sure you answer or otherwise plead timely to avoid a default against you. You have only 30 days from being served. If serious about hiring counsel to help you in this, feel free to contact me.

Read more
Answered on 7/17/12, 3:34 pm

Failure to serve within 30-days is an issue between the court and the plaintiff - it does not bestow any rights on the defendants to contest service or have the matter dismissed. The court may eventually dismiss an action for failure to prosecute as to one or more defendants, if the plaintiff does not serve them, but the plaintiff will be given MANY chances and warnings by the court before that happens.

Read more
Answered on 7/17/12, 3:46 pm
Edward Hoffman Law Offices of Edward A. Hoffman

I agree with Mr. Nelson and Mr. McCormick. That some of the defendants ideally should have been served sooner does not change the fact that they were served. It is a non-issue, and certainly does not entitle them -- or you -- to any relief.

The defendants who haven't been served yet are not parties yet, but they will be if the plaintiffs serve them. Mr. McCormick is right that the court might eventually dismiss the case as to those parties if they are not served, but that is a long way off.

As Mr. Nelson notes, you need to start defending yourself. Your best bet is to have a lawyer represent you. You and the other defendants may or may not be able to use a single law firm. The time to start interviewing lawyers is now. Feel free to contact me directly if you would like to discuss the case in more detail.

Read more
Answered on 7/17/12, 4:18 pm


Related Questions & Answers

More General Civil Litigation questions and answers in California