Asked in Civil Litigation for California

Q: Filing Proof of Service past the 60 day deadline in LA County, how to proceed?

Civil Unlimited case filed and defendant located & served 57 days after case filing. Proof of service by sheriff arrived by mail to plaintiff after 60 day notice of service deadline to file with court. How to manage this? What to do if you are late by some days for filing the notice of service within 60 days of the civil case complaint filed with the clerk? Defendant served within 60 days, notice of service filed with court outside the 60 days. How does the court look upon this? How does it affect a request / motion for default for plaintiff not responding?

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1 Lawyer Answer
Kenneth Sisco
Kenneth Sisco
  • Norco, CA
  • Licensed in California

A: In California State Courts, it is not a serious problem at all. In Federal Court it is a little more problematical, but it is certainly not fatal. Assuming you are in State Court, just go ahead and file your POS, and proceed with your case. At first the State Court will ignore your tardiness. At some point the Court will send you an Order to Show Cause, as to why you should not pay sanctions, or have your case dismissed. If before the hearing, you file your POS, in many cases the Court will take its OSC off calendar. At worst they will listen to your reasons and give you an extension, and/ or charge you a sanction. If you have no reasons, and/or you don't deal with it, it is likely your case will be dismissed.

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