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

Q: Can Motion to Set Aside dismissal against defendant be served by mail?

Can Motion to Set Aside dismissal against defendant be served by mail?

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: In California, a Motion to Set Aside a dismissal against a defendant can generally be served by mail. According to the California Code of Civil Procedure (CCP) Section 1005(b), a written notice and supporting papers must be served on the opposing party or their attorney:

1. At least 16 court days before the hearing if served by personal delivery, express mail, or overnight delivery.

2. At least 21 court days before the hearing if served by mail to an address inside California.

3. At least 26 court days before the hearing if served by mail to an address outside California but within the United States.

However, it is essential to note that service by mail is only effective if the defendant has not been formally dismissed from the case. If the dismissal has been entered and the defendant is no longer a party to the action, they may need to be served personally under CCP Section 473(b).

It is always recommended to consult with a local attorney or refer to the local court rules to ensure that the service of the motion is carried out correctly, as there may be specific requirements or exceptions depending on the circumstances of the case.

You can also do an ex parte motion (or order shortening time) to shorten these time frames.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.