Putnam v. Clague
California Court of Appeal
5 Cal. Rptr. 2d 25 (1992)
Three sets of plaintiffs, all represented by the same attorney and all suing Dr. Brian Clague (defendant) for medical negligence in similar cases, delayed formal service of process beyond two years while their attorney prosecuted a lead case with similar facts to streamline scheduling of discovery and trial across the related matters; Clague moved to dismiss for the delay, and the trial court found the explanation insufficient and dismissed the suits. The plaintiffs appealed, and the cases were consolidated.
Whether, once a plaintiff presents a credible excuse for a delay in serving process, the defendant must show additional factors — such as suffering prejudice — to obtain a dismissal based on that delay.