California Court of Appeal

The 90-day service of summons requirement in Government Code section 66499.37 is mandatory and operates as a statute of limitations, and the county did not waive the right to challenge plaintiff's untimely service of summons when it answered the complaint without challenging that late service.

Appellate Information

• Decided 02/10/2003
• Published 02/10/2003

Judges

• NARES, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
•  Louis E. Goebel, San Diego, for Plaintiffs and Appellants.


• For Appellees:
  
• John J. Sansone, County Counsel, Judith A. McDonough and Miriam E. Brewster, Deputy County Cunsel, for Defendant and Respondent.