SECTIONS 583.210-583.250 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 583.210-583.250

583.210. (a) The summons and complaint shall be served upon a
defendant within three years after the action is commenced against
the defendant. For the purpose of this subdivision, an action is
commenced at the time the complaint is filed.
(b) Proof of service of the summons shall be filed within 60 days
after the time the summons and complaint must be served upon a
defendant.

583.220. The time within which service must be made pursuant to
this article does not apply if the defendant enters into a
stipulation in writing or does another act that constitutes a general
appearance in the action. For the purpose of this section none of
the following constitutes a general appearance in the action:
(a) A stipulation pursuant to Section 583.230 extending the time
within which service must be made.
(b) A motion to dismiss made pursuant to this chapter, whether
joined with a motion to quash service or a motion to set aside a
default judgment, or otherwise.
(c) An extension of time to plead after a motion to dismiss made
pursuant to this chapter.

583.230. The parties may extend the time within which service must
be made pursuant to this article by the following means:
(a) By written stipulation. The stipulation need not be filed but,
if it is not filed, the stipulation shall be brought to the
attention of the court if relevant to a motion for dismissal.
(b) By oral agreement made in open court, if entered in the
minutes of the court or a transcript is made.

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.

583.250. (a) If service is not made in an action within the time
prescribed in this article:
(1) The action shall not be further prosecuted and no further
proceedings shall be held in the action.
(2) The action shall be dismissed by the court on its own motion
or on motion of any person interested in the action, whether named as
a party or not, after notice to the parties.
(b) The requirements of this article are mandatory and are not
subject to extension, excuse, or exception except as expressly
provided by statute.