California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 8 — Of the Trial and Judgment in Civil Actions, Chapter 1.5 — Dismissal for Delay in Prosecution, Article 2 — Mandatory Time for Service of Summons, Section 583.240

In computing the time within which service must be made pursuant to this article, there shall be excluded the time during which any of the following conditions existed:

(a) The defendant was not amenable to the process of the court.

(b) The prosecution of the action or proceedings in the action was stayed and the stay affected service.

(c) The validity of service was the subject of litigation by the parties.

(d) Service, for any other reason, was impossible, impracticable, or futile due to causes beyond the plaintiff’s control. Failure to discover relevant facts or evidence is not a cause beyond the plaintiff’s control for the purpose of this subdivision.

Notes

Limits the service deadline by excluding periods when the defendant was not amenable to process, a stay affected service, service validity was being litigated, or service was impossible, impracticable, or futile for reasons beyond the plaintiff’s control. Failure to discover relevant facts or evidence does not count as a cause beyond the plaintiff’s control.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 583.240 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-8/chapter-1-5/article-2/section-583-240

Disclaimer: Codes available on Lexinter may not reflect the most current laws in your jurisdiction. We make no warranties regarding the accuracy, completeness, or adequacy of the information provided. Always verify the status of any code with your state legislature or official government sources before relying on it for legal purposes.