Q: What is the time limit to serve a PI lawsuit in state of California in this pandemic situation?
What's the time limit to serve a PI lawsuit to the defendant from the date it is filed considering the Covid pandemic?
A:
more info needed.
do you mean to file the suit? that would be 2 years.
if you have a valid claim, you should set up an appointment with a PI lawyer in your community. if it is a good case they will coordinate all for you.
if they reject the case that should be an indication there are problems.
A:
"Serve" means to deliver the summons and complaint to a person in accord with the legal requirements, such as personal service by the Sheriff. "File" means to submit your complaint and a summons to the Court along with a filing fee or fee waiver application, so the case is registered with the court. You usually have 60 days to serve. A PI case is 2 years from date of incident to file. BUT due to the pandemic there were some extensions granted on doing these acts which were ordered by the California Supreme Court and by the presiding judges for each of the County court systems in California. I agree with that brilliant attorney Mr. Gribow, if you think you are getting anywhere near those deadlines, like within 6 months of them, you need to contact a local PI attorney right away to preserve your rights. Once you miss the deadlines, you have no case.
Justia disclaimers below, incorporated herein.
A:
California Rule of Court, 3.110(b) provides:
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.
As a practical matter that I have seen in 46 years of practice, Court court will grant more time than 60 days. Woody Allen once said, "90% of success is just showing up." the point being that the plaintiff or plaintiff attorney best appear for all court appearances, especially to explain why it is taking longer than the Rule allows to serve the defendant.
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