Santa Maria California Summons on a Third Party Complaint

State:
California
City:
Santa Maria
Control #:
CA-CV-41A-FED
Format:
PDF
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Description

This form is an official United States District Court - California Central District form which complies with all applicable state codes and statutes. USLF updates all state forms as is required by state statutes and law.

A Santa Maria California Summons on a Third Party Complaint is a legal document issued by a court that notifies a third party (not originally involved in a lawsuit) that they are being brought into a lawsuit as an additional party. This summons serves to inform the third party about the complaint against them and requires them to respond within a specified time frame. In Santa Maria, California, the legal system recognizes various types of summons on a Third Party Complaint that may be issued depending on the circumstances of the case. These types include: 1. Personal Service Summons: This is the most common type of summons, where a copy of the complaint and summons is physically delivered to the third party by a process server or law enforcement officer. Personal service ensures that the third party is aware of the lawsuit and legally obliged to respond. 2. Substituted Service Summons: In situations where personal service is not possible, such as the third party being unavailable or evading service, substituted service may be used. This involves serving the summons and complaint to another responsible person at the third party's home or workplace, provided they are of suitable age and understanding of the legal matter. 3. Service by Certified Mail Summons: In certain cases, the court may permit service by certified mail. This involves sending the summons and complaint to the third party's address via certified mail, requiring a signature upon delivery. Once the third party signs for the mail, they are considered served and have a duty to respond. 4. Publication Summons: Publication summons is used as a last resort when the location of the third party is unknown. It involves publishing a notice in a local newspaper for a specified period, notifying the third party of the lawsuit. If the third party fails to respond within a designated timeframe after publication, the court may proceed with the case without their involvement. These various types of summons ensure that a third party in Santa Maria, California, is adequately notified of their involvement in a lawsuit and given an opportunity to respond or defend themselves. It is crucial for the third party to understand the implications of a summons and seek legal advice to navigate the legal process effectively.

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FAQ

Any person 18 years of age or over and not a party to the action may serve the summons and complaint (California Code of Civil Procedure §414.10). The plaintiff may not serve the summons and complaint.

(b) Service of complaint The complaint must be served on all named defendants and proofs of service on those defendants must be filed with the court within 60 days after the filing of the complaint.

When a summons is served on the defendant, it must either be served personally, or on a person who is older than 16 at the premises where the defendant is employed or resides. There are exceptions to this rule but for the purposes of a medical malpractice claim, this rule applies.

The court may electronically serve the notice on any party that has consented to receive electronic service. Any party may serve and file an opposition within 10 days after notice is mailed, electronically served, or such later time as the court may specify.

§ 413.10 Law governing service. Except as otherwise provided by statute, a summons shall be served on a person: Within this state, as provided in this chapter.

A copy of the summons and of the complaint shall be mailed (by first-class mail or airmail, postage prepaid) to the person to be served, together with two copies of the notice and acknowledgment provided for in subdivision (b) and a return envelope, postage prepaid, addressed to the sender.

You have 30 days AFTER the date you are served to file a response with the court. The 30 days include weekend days and court holidays. If the last day falls on a day that the court is closed, you have until the next day that the court is open.

A person is served by mail five days after the papers are mailed and both the person sending the papers and to person to receive the papers are in California. A person is served by mail ten days after the papers are mailed if either the person mailing or the person receiving the papers is outside California.

For personal service: Serve your claim at least 15 days before the court date (or 20 days if the person, business, or public entity you are serving is outside the county).

(b) Service of complaint The complaint must be served on all named defendants and proofs of service on those defendants must be filed with the court within 60 days after the filing of the complaint.

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Santa Maria California Summons on a Third Party Complaint