COURT OF APPEAL UPHOLDS SUCCESSFUL MOTION TO DISMISS

Attorneys Maria Lampasona, Damon Thurston, and Ashley Kim secured a dismissal via motion to dismiss pursuant to Code of Civil Procedure section 583.420 on the grounds that Plaintiff failed to serve the Defendant during the two years following her filing of the complaint. The Court was not persuaded that the Plaintiff was diligent in trying to locate the Defendant, and opined that attorney incompetence does not widen the window of time for service. The Court of Appeal agreed and dismissed the case as to their client. As Civil Code section 3527 wisely provides, “The law helps the vigilant, before those who sleep on their rights.” The case was Franco v. American Medical Response, California Court of Appeal, Second District, Case No. B309840 (Los Angeles County Superior Court, Case No. BC690331).