California Code of Civil Procedure 583.240 – In computing the time within which service must be made pursuant to …
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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.
Terms Used In California Code of Civil Procedure 583.240
- Action: includes an action commenced by cross-complaint or other pleading that asserts a cause of action or claim for relief. See California Code of Civil Procedure 583.110
- Court: means the court in which the action is pending. See California Code of Civil Procedure 583.110
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Plaintiff: includes a cross-complainant or other person by whom an action is commenced. See California Code of Civil Procedure 583.110
- Process: signifies a writ or summons issued in the course of a judicial proceeding. See California Code of Civil Procedure 17
- Service: includes return of summons. See California Code of Civil Procedure 583.110
(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.
(Added by Stats. 1984, Ch. 1705, Sec. 5.)