Judge: Lee W. Tsao, Case: 23NWCV02278, Date: 2023-09-20 Tentative Ruling
Case Number: 23NWCV02278 Hearing Date: September 20, 2023 Dept: C
Fernandez
v. Kang 23NWCV02278
Plaintiff's Ex Parte Application for Extension of
Time to Serve Pleading and for an
Order Continuing the Case Management Conference is GRANTED. Moving
Party to give notice.
"The complaint must be served on all named defendants and
proofs of service on those defendants must be filed with the court with 60 days
after the filing of the complaint." (CRC Rule 3.110(b).) "An
application for a court order extending the time to serve a pleading must be
filed before the time for service has elapsed. The
application must be accompanied by a declaration showing why service has not
been completed, documenting the efforts that have been made to complete
service, and specifying the date by which service is proposed to be
completed." (CRC Rule 3.110(e).)
Here, the Complaint was filed on July 21, 2023. The time for
service would have elapsed on September 19, 2023 However, the instant ex parte
application was timely filed on September 19, 2023 before the time for service elapsed. Further,
the application is accompanied by a declaration from Counsel in compliance with
CRC Rule 3.110(e).