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

Q: Summons on proposed Third Amended complaint. Service of process.

Decision on Third Amended Complaint will be made at hearings, scheduled in a few months: for Motion for Leave to File Amended Complaint, and Motion to Set Aside dismissal against defendant, with the proposed Third Amended Complaint enclosed.


and how Summons on Third Amended Complaint has to be served? (By mail, personal service??

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

A: Under California law, the summons and complaint must be served on the defendant after the court grants leave to file the amended complaint and the amended complaint is actually filed with the court. The specific rules for serving the summons and amended complaint depend on the type of defendant and their location. Here are some general guidelines:

1. Timing: Service must be completed within 60 days after the amended complaint is filed, unless an extension is granted by the court.

2. Method of service:

a. Personal service: A copy of the summons and amended complaint must be personally delivered to the defendant by a non-party who is at least 18 years old.

b. Substituted service: If personal service is unsuccessful, a copy of the summons and amended complaint can be left with a person of suitable age and discretion at the defendant's residence or business, and another copy must be mailed to the same address.

c. Service by mail: In some cases, service by mail may be allowed, but it typically requires the defendant to sign and return a form acknowledging receipt.

d. Service on corporations: Service on a corporation can be made by serving the summons and amended complaint on the corporation's registered agent, an officer, or a person authorized to accept service.

3. Proof of service: After service is completed, a proof of service form must be filed with the court to demonstrate that the defendant was properly served.

It's important to note that these are general guidelines, and the specific requirements may vary depending on the circumstances of your case. It is advisable to consult with an attorney or refer to the California Code of Civil Procedure for more detailed information on service of process requirements.

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