California Codes, Code of Civil Procedure - CCP, Part 3 — Of Special Proceedings of a Civil Nature, Title 3 — Of Summary Proceedings, Chapter 4 — Summary Proceedings for Obtaining Possession of Real Property in Certain Cases, Section 1167.1

If proof of service of the summons has not been filed within 60 days of the complaint’s filing, the court may dismiss the action without prejudice.

Notes

Allows the court to dismiss the action without prejudice when proof that the summons was served has not been filed within 60 days after the complaint was filed. The dismissal is discretionary rather than mandatory and expressly without prejudice, with the stated trigger being failure to file proof of service within that 60-day period.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 1167.1 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-3/title-3/chapter-4/section-1167-1

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