HEARING ON MOTION TO/FOR MANDATORY DISMISSAL FOR DELAY IN
PROSECUTION FILED BY CHEVRON U.S.A., INC.
* TENTATIVE RULING: *
Hearing required.
Chevron says that the complaint in this case was filed in August 2014 but not served until April 2018. As a result, Chevron contends, the complaint must be dismissed under Code of Civil Procedure sections 583.210 and 583.250.
In opposition, Williams says that in fact Chevron was served in 2014, and provides a declaration of a process server saying as much. The process server also says that a proof of service was mailed to Attorney Higgins, who formerly represented plaintiff Williams. Attorney Higgins died in
early 2018. Williams also argues that by virtue of the large number of coordinated cases making essentially the same claims about the 2012 refinery fire, Chevron was on notice of Williams’s claims and was not misled or prejudiced by any failure to serve.
It is undisputed that no proof of service was filed within the 3-year 60-day period
Hearing Date
June 28, 2018
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HEARING ON MOTION TO/FOR MANDATORY DISMISSAL FOR DELAY IN
PROSECUTION FILED BY CHEVRON U.S.A., INC.
* TENTATIVE RULING: *
Hearing required.
Chevron says that the complaint in this case was filed in August 2014 but not served until April 2018. As a result, Chevron contends, the complaint must be dismissed under Code of Civil Procedure sections 583.210 and 583.250.
In opposition, Williams says that in fact Chevron was served in 2014, and provides a declaration of a process server saying as much. The process server also says that a proof of service was mailed to Attorney Higgins, who formerly represented plaintiff Williams. Attorney Higgins died in
early 2018. Williams also argues that by virtue of the large number of coordinated cases making essentially the same claims about the 2012 refinery fire, Chevron was on notice of Williams’s claims and was not misled or prejudiced by any failure to serve.
It is undisputed that no proof of service was filed within the 3-year 60-day period