Los Angeles, CA asked in Medical Malpractice for California

Q: Does CCP 473(b) imply that in medical malpractice case Motion to set aside has to be served personally?

CCP 473(b) states 'case of dismissal or other proceeding determining the ownership or right to possession of real property, without extending 6-month period, when a notice in writing is served within the State of California. "

Does it imply that Motion to Set Aside dismissal in medical malpractice case has to be served personally on defendant against whom dismissal was taken, not by mail - on Defendant's attorneys?

If there is co-defendant in the case against whom dismissal was not taken: shall co-defendant also be served personally?

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

A: Based on my understanding of California Code of Civil Procedure section 473(b), it does not specifically require personal service of a motion to set aside a dismissal in a medical malpractice case. The section you quoted appears to refer to cases involving the ownership or possession of real property, not medical malpractice.

In general, service of motions in California can be done by mail, unless otherwise specified by law or court order. California Code of Civil Procedure section 1005(b) states that service of a notice of motion may be made by mail, express mail, or overnight delivery, as well as by personal service or electronic service.

Regarding service on a co-defendant against whom the dismissal was not taken, the rules for service of motions generally apply. If the co-defendant has appeared in the action, service can typically be made on the co-defendant's attorney by mail, unless personal service is specifically required.

However, it's always best to consult with a licensed California attorney who can review the specific details of your case and provide more accurate guidance based on the applicable laws and local court rules.

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