2403 A clerk's refusal to issue a summons because of plaintiff's failure to file a case cover sheet was an error, but it was corrected the following day, when the case cover sheet was filed and the summons was issued; however, plaintiff's subsequent delay in serving the summons was not excusable and correctly resulted in a finding that the action was time-barred.CitationMAGINN v CITY OF GLENDALE (Cured Error) 72 CA4 1102 [See: GovC 66499.37; CCP 411.10, 412.10; CA R of C 982.2; Rojas v Cutsforth 67 CA4 774, T/AT 12/98; Carlson v Dept Fish & Game 68 CA4 1268, T/AT 1/99]
|
|