Cal. Code of Civil Procedure § 583.240 : Of The Trial And Judgment In Civil Actions — California Code Of Civil Procedure — Dismissal For Delay In Prosecution — Mandatory Time For Service Of Summons — Exclusions when computing time Date: 1 Aug 2016 TEXT PDF Current through the 2016 Legislative Session In computing the time within which service must be made pursuant to this article, there shall be excluded the time during which any of the following conditions existed: (a) The defendant was not amenable to the process of the court. (b) The prosecution of the action or proceedings in the action was stayed and the stay affected service. (c) The validity of service was the subject of litigation by the parties. (d) Service, for any other reason, was impossible, impracticable, or futile due to causes beyond the plaintiff's control. Failure to discover relevant facts or evidence is not a cause beyond the plaintiff's control for the purpose of this subdivision. Ca. Civ. Proc. Code § 583.240