Vanrooy

DISCUSSION

“Section 583.210, subdivision (a), provides that a summons and complaint ‘shall’ be served upon a defendant within three years after the action is commenced. Section 583.250, in turn, provides that the action ‘shall’ be dismissed if service is not made within the statutorily prescribed time and that the foregoing requirements ‘are mandatory and are not subject to extension, excuse, or exception except as expressly provided by statute.’ ” (Watts v. Crawford (1995) 10 Cal.4th 743, 748 (Watts).) Section 583.240 delineates several circumstances that operate to toll the three-year period. (Watts, supra, 10 Cal.4th at p. 748.) This includes where service was “impossible, impracticable, or futile due to causes beyond the plaintiff’s control.” (§ 583.240, subd. (d).) The burden is on the plaintiff to show an excuse for the delay in service, and the exceptions codified in section 583.240, subdivision (d) are strictly construed against the plaintiff. (State ex rel. Edelweiss Fund, LLC v. JP Morgan Chase & Co. (2020) 58 Cal.App.5th 1113, 1121; Shipley v. Sugita (1996) 50 Cal.App.4th 320, 326.)

3 Whether a plaintiff exercised reasonable diligence is a relevant factor in…