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Have you checked the rules of your jurisdiction lately?

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DIVISION II CIVIL Rule 2.1.5.

The California Rules of Court say that a plaintiff has 60 days to serve a defendant after a lawsuit is filed. What happens if the plaintiff doesn’t serve the defendant within 60 days?

As you know, in early 2012, if you could not serve within 60 days, the San Diego County Superior Court requested that a Certificate of Progress form be filed stating the reasons why service had not been effected on all parties and what was being done to effect service.

Now, in 2013, the ubiquitous Certificate of Progress or inability to respond is no longer required. Instead, the Court sets the Case Management Conference 5 to 6 months out of the filing. In the interim, if your attempt to serve fails, typically, you send a pleading to the judge.

How to prepare for the Case Management Conference:

  1. File a Case Management Statement
  2. Meet and Talk
  3. Go to the Conference: both Plaintiff and Defendant or their lawyers must attend; otherwise, the Court will decide against the Plaintiff without the ability to change the decision at a later date.

At this time, whether this information be common knowledge or not, may this missive be informative; or, just a simple reminder.

How do you like this approach vs. the Certificate of Progress? Please click on comments and share your thoughts. Thank you.

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