Cadavid

Cadavid v. Kennedy CA2/3

Good Law
Court of Appeal of CaliforniaMarch 7, 2013B238982California1,498 words

Opinion

Opinion

Aldrich, J.

INTRODUCTION

Plaintiff in propria persona appeals from the order dismissing his action for failure to serve his legal malpractice complaint on his defendants. Plaintiff contends the trial court should not have dismissed the case because he had served defendants by mail 21 days earlier. However, plaintiff has failed to demonstrate reversible error because the record contains no return of acknowledgement of service and so plaintiff has not shown service was perfected. (Code Civ. Proc., § 415.30, subd. (b).) Accordingly, we affirm the order.

FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff, an inmate at Corcoran State Prison, attempted to sue five attorneys at the federal defenders office seeking redress for their representation of plaintiff in his habeas corpus proceeding. The trial court notified plaintiff on August 26, 2011 that the summons he submitted to the court was obsolete and that he was required to use the then- current 2009 summons form. On September 1, 2011, plaintiff wrote to the trial court requesting a copy of the appropriate summons because he did not have access to one. The trial court issued an order to show cause concerning plaintiff’s failure to serve summons and…

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