Los Angeles, CA asked in Personal Injury and Medical Malpractice for California

Q: Can Motion to Set Aside Dismissal against a defendant be served by mail? What rule defines this service?

Can Motion to Set Aside Dismissal against a defendant be served by mail? What rule defines this service?

1 Lawyer Answer
James L. Arrasmith
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  • Sacramento, CA
  • Licensed in California

A: Yes, under California law, a Motion to Set Aside Dismissal against a defendant can be served by mail. This is governed by California Code of Civil Procedure (CCP) Section 1005(b), which states:

"Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing. The moving and supporting papers served shall be a copy of the papers filed or to be filed with the court. However, if the notice is served by mail, the required 16-day period of notice before the hearing shall be increased by five calendar days if the place of mailing and the place of address are within the State of California..."

So, if the motion is served by mail within California, the moving party must serve the motion at least 16 court days plus 5 calendar days before the hearing date. This rule applies to most motions, including a Motion to Set Aside Dismissal.

It's important to note that service by mail must be done properly, with proof of service filed with the court, for the service to be considered valid under California law.

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