The case docket reveals that a dissolution action was dismissed after Judge xxxx filed an Order to Show Cause RE Non Proof of Service pursuant to CCP 583 et seq. The hearing for failure to file a proof of service was set within 30 days from the date that the action was filed on the date that the dissolution summons was filed.
On 4/20/2015 Judge xxxxx issued the OSC. The court docket does not show that a proof of service was filed for the OSC and there was no notice of court hearing normally served by a clerk, just a notice of assignment to Judge xxxxx.
Normally a summons and complaint needs to be served within 60 days from the date it is filed, (if the court participates in the Trial Court Delay Reduction Act), and answered within 30 days once served.
Proof of service needs to be filed with the court within 60 days after the time the summons must be served upon the defendant. The relevant law is posted below. However, in the proceeding held on 5/27/2015 which was not even properly placed on the court’s calendar the court dismissed the entire action.
A search of the local rules of court reveals that the Riverside Superior Court does not have any rules addressing the Trial Court Delay Reduction Act http://www.riverside.courts.ca.gov/localrules/localrules.shtml. Those rules need to be implemented by the Presiding Judge of the Riverside Superior Court pursuant to Title 2 rules of court.
California Title 2 rules of court addresses the Case management and delay reduction-statement of general principles and the Presiding Judge’s role in implementing the expeditious resolution of cases as follows:
Standard 2.1 (c) Presiding judge’s role (http://www.courts.ca.gov/cms/rules/index.cfm?title=standards&linkid=standard2_1)
The presiding judge of each court should take an active role in advancing the goals of delay reduction and in formulating and implementing local rules and procedures to accomplish the following:
(1)The expeditious and timely resolution of cases, after full and careful consideration consistent with the ends of justice;
(2)The identification and elimination of local rules, forms, practices, and procedures that are obstacles to delay reduction, are inconsistent with statewide case management rules, or prevent the court from effectively managing its cases;
(3)The formulation and implementation of a system of tracking cases from filing to disposition; and
(4)The training of judges and nonjudicial administrative personnel in delay reduction rules and procedures adopted in the local jurisdiction.
The recommended goals for case disposition is defined under California Rules of Court Standard 2.2. Trial court case disposition time goals (http://www.courts.ca.gov/cms/rules/index.cfm?title=standards&linkid=standard2_2)
CODE OF CIVIL PROCEDURE
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.
CAL. GOV. CODE § 68616 : California Code – Section 68616
Delay reduction rules shall not require shorter time periods than as follows:
(a) Service of the complaint within 60 days after filing. Exceptions, for longer periods of time, (1) may be granted as authorized by local rule, and (2) shall be granted on a showing that service could not reasonably be achieved within the time required with the exercise of due diligence, consistent with the amount in controversy.
(b) Service of responsive pleadings within 30 days after service of the complaint. The parties may stipulate to an additional 15 days. Exceptions, for longer periods of time, may be granted as authorized by local rule.
(c) Time for service of notice or other paper under Sections 1005 and 1013 of the Code of Civil Procedure, and time to plead after service of summons under Section 412.20 of the Code of Civil Procedure, shall not be shortened, except as provided in those sections.
(d) Within 30 days of service of the responsive pleadings, the parties may, by stipulation filed with the court, agree to a single continuance not to exceed 30 days.
It is the intent of the Legislature that these stipulations not detract from the efforts of the courts to comply with standards of timely disposition. To this extent, the Judicial Council shall develop statistics that distinguish between cases involving, and not involving, these stipulations.
(e) A status conference, or similar event, other than a challenge to the jurisdiction of the court, shall not be required to be conducted sooner than 30 days after service of the first responsive pleadings, or 30 days after expiration of a stipulated continuance, if any, pursuant to subdivision (d).
(f) Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure shall govern discovery, except in arbitration proceedings.
(g) A case shall not be referred to arbitration prior to 210 days after the filing of the complaint, exclusive of the stipulated period provided for in subdivision (d). Any rule adopted pursuant to this article shall not contravene Sections 638 and 639 of the Code of Civil Procedure.
(h) Unnamed (DOE) defendants shall not be dismissed or severed prior to the conclusion of the introduction of evidence at trial, except upon stipulation or motion of the parties.