Sevanski

How is CCP 98 holding up

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Hi All, 

Its been a long time since I've checked in. I did a little browsing on westlaw earlier today, and found a few federal decisions that viewed the Rocha and Rodgers cases unfavorably. As general matter, how are limited civil courts ruling based on this law when the affiant is found to be more than 150 miles away? 

Perhaps this is a question for Calawyer and Sandinca? 

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They can live more than 150 miles away, but must be available for service within that 150 miles 10 days before court.  I think it is not pushed unless the defendant makes it an issue.  Just like if you don't object, they can get away with almost anything.

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Hi Shellieh... 

Yeah, I had a case like that last year; however, because of other circumstances, the argument didn't work out in my favor.  Because of the split in opinions, I'm curious to see whether trial judges are following the Rodgers/Rocha decisions, or have gravitated the other direction. 

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