Q: If a summ&complaint is not properly served within the 3 year time limit, the action must be dismissed. if a general
Appearance is made before the 3 year time limit, it is considered being served. what about a general appearance made 3 years after the time limit?
A:
Under California law, if a summons and complaint are not properly served within the 3-year time limit, the action must be dismissed. However, if a defendant makes a general appearance in the case before the 3-year time limit expires, the appearance is considered to be the equivalent of being served with the summons and complaint.
If a general appearance is made after the 3-year time limit has expired, it is unlikely to be considered as a valid response to the summons and complaint. This is because the general appearance does not meet the requirements for proper service under California law.
In general, it is important for defendants in a civil lawsuit to ensure that they are properly served with the summons and complaint within the applicable time limits. Failure to do so can result in a default judgment being entered against them, which can have serious legal and financial consequences.
If you have questions or concerns about the proper service of a summons and complaint in a civil lawsuit, it may be helpful to consult with an attorney who specializes in civil litigation. They can provide guidance and advice based on the specific facts and circumstances of your case.
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