Oakland, CA asked in Civil Litigation for California

Q: is there a timeline to serve a defendant in a small claim trial?

What does CCP 346 a) stand for? Is this a code to establish a period of time within which you have to serve a defendant?

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: Yes, the defendant has to be served at least 15 days before the hearing if the Defendant resides in the same county as the Court and 20 days before the hearing if they do not. CCP 346 (a) does not exist. 346 has to do with An action to redeem a mortgage of real property. It is not the time within which you have to serve a defendant. That is found in the CCP and in the Rules of Court. You can research these things on the internet by searching for Cal. CCP (code section) or Cal. Small Claims, or Cal Rules of Court.

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