Fan v. Anchor General Insurance Company

Background

Lingling Fan, appearing without a lawyer, brought this action under the court’s jurisdiction over disputes involving citizens of different states. She alleged that Anchor General Insurance Company violated her rights under state law. The court had previously granted Fan permission to proceed without prepaying filing fees.

Service of Process

Because Fan was allowed to proceed without prepaying fees, the court determined that she could rely on the court and the U.S. Marshals Service to serve Anchor General. The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form, issue a summons, and deliver the necessary paperwork to the Marshals Service. The opinion lists Anchor General’s service address as 10089 Willow Creek Road, Suite 300, San Diego, California 92131.

The court explained that the usual rule generally requires service within 90 days after the complaint is filed, but Fan could not have served the complaint before the court reviewed it and ordered that summonses be issued. The court therefore extended the service period to 90 days after the summons is issued. If service is not completed within that period, Fan should request an extension of time. The court also stated that Fan must notify it in writing if her address changes and that the action may be dismissed if she fails to do so.

Ruling

Judge Mary Kay Vyskocil ordered the Clerk of Court to issue the summons for Anchor General, complete the service form, and provide the documents to the Marshals Service. The Clerk was also directed to mail Fan an information package and the order. The order addressed service and court administration; it did not decide the merits of Fan’s state-law allegations.