When you are served with a civil lawsuit in California, the clock starts ticking. You have 30 days to file a formal response with the court.
This deadline is firm. Failing to respond leads to the court entering a “default judgment” against you, meaning you lose the case automatically without ever telling your side of the story.
Your response is a formal legal document, such as an Answer or a Demurrer, that must follow specific court rules and procedures. These are outlined in the California Code of Civil Procedure. For example, your Answer must respond to each specific allegation made against you.
The Summons and Complaint documents you received are the start of a structured legal process. How you choose to respond in these initial stages sets the tone for the entire case. If you have questions about a lawsuit filed against you, call Wade Litigation for a consultation at 888-705-5059.
Contents
- 1 Key Takeaways for Responding to a California Lawsuit
- 2 That 30-Day Deadline: Why Ignoring a Lawsuit Is the Worst Possible Step
- 3 Deconstructing the Documents: What Are a Summons and a Complaint?
- 4 What Are Your Options? Choosing the Right Way to Respond
- 5 The Discovery Process: What Happens After You Respond?
- 6 What If I Am One Of Several People Being Sued?
- 7 Will This Lawsuit Affect My Public Record Or Reputation?
- 8 Frequently Asked Questions About California Civil Lawsuits
- 9 Do Not Let a Lawsuit Define Your Future
Key Takeaways for Responding to a California Lawsuit
- The 30-day deadline is absolute. Failing to respond within this timeframe leads to a default judgment, which means you automatically lose the case without presenting your side.
- Your response must be a formal legal document. You cannot send a simple letter; you are required to file a specific document, like an Answer or a Demurrer, that follows all court rules.
- A verified complaint requires a verified answer. If the person suing you has sworn that their allegations are true, you must also swear under penalty of perjury that your responses are true.
That 30-Day Deadline: Why Ignoring a Lawsuit Is the Worst Possible Step
You have been handed a stack of papers that legally require your attention. The most important detail on those papers is the deadline. As mentioned earlier, in California, you generally have 30 calendar days from the date you were “served” to file your response.
What happens if you miss it? The person suing you, known as the plaintiff, asks the court to declare an “entry of default.” This is a formal step that says you have given up your right to fight the case.
Shortly after, the plaintiff seeks a “default judgment.” This is where the court decides the case without your input. A default judgment results in a court order for you to pay the full amount of money requested in the lawsuit, or to take a specific action, all because a response was never filed. The other party then has the legal right to enforce this judgment by garnishing your wages or placing liens on your property, for example.
The first step to preventing this outcome is to understand what you’ve received. The papers themselves tell you who is suing you, why they are suing you, and which court is handling the case. Acknowledging these documents and preparing a timely response is your first and most powerful move in protecting yourself.
Can I Get More Time To Respond? How To Request An Extension
The 30-day deadline to respond after being served is strict, but it is not always final.
If you are short on time or still deciding how to proceed, you may be able to request an extension. Courts prefer that cases be decided on the merits, not on missed deadlines, so short extensions are sometimes granted when requested correctly.
Here Is How It Works:
- Start by contacting the plaintiff’s attorney. Many lawyers will agree to a brief extension, often 15 to 30 days, especially if you explain your reason clearly and respectfully.
- Confirm the agreement in writing. Any extension should be formalized through a written stipulation signed by both sides and filed with the court.
- Ask the court if necessary. If the plaintiff refuses to agree, you can file a motion with the court requesting more time. This must happen before the original deadline expires.
Do Not Wait Without Confirmation
Unless you have a written agreement or a court order, the original 30-day deadline still applies. If time is running out and you have not received a response to your request, file something with the court to protect your rights.
Deconstructing the Documents: What Are a Summons and a Complaint?
The papers you received are likely a Summons (Form SUM-100) and a Complaint. Think of them as an official notice and a story.
The Summons: Your Official Notice
This document is a command from the court. It officially informs you that a lawsuit has been filed against you and that you have a specific 30-day timeframe to file a written response. The Summons does not detail the accusations; its main purpose is to notify you of the case and its deadline.
The Complaint: The Plaintiff’s Story
This document explains who is suing you and why. It will be broken down into numbered paragraphs, with each one containing a specific allegation or “cause of action.” When you file a formal response like an Answer, you will need to address each of these numbered paragraphs individually.
Is the Complaint “Verified”?
Look carefully at the Complaint for the word “verified.” If you see it, you have a verified complaint. This means the plaintiff has sworn under penalty of perjury that the facts alleged in the complaint are true. Under California Code of Civil Procedure § 446, this requires that your Answer must also be verified, meaning you must also swear that your responses are true to the best of your knowledge.
What Are Your Options? Choosing the Right Way to Respond
You have more than one way to respond to a lawsuit. The option you choose depends entirely on the facts of your case and the potential weaknesses or strengths of the plaintiff’s claims.
Your primary options for a response include:
Filing an Answer
This is the most common type of response. An Answer is a formal document where you go through the Complaint, paragraph by paragraph, and either admit or deny each allegation. This is your first opportunity to formally present your side of the story.
Your Answer is also where you raise “affirmative defenses.” These are legal arguments that defeat the plaintiff’s claim, even if their allegations are true. For instance, an affirmative defense might be that the statute of limitations (the legal time limit for filing the lawsuit) has expired. These defenses must be included in your initial Answer, or you risk losing the ability to use them later.
Filing a General Denial
In some specific situations, you may file a simple, one-page General Denial. This option is typically available only in limited civil cases (claims under $35,000) where the complaint is not verified. This form allows you to deny all allegations in the Complaint without responding to each one individually.
Filing a Demurrer
This is a more complicated response. A demurrer does not argue the facts of the case. Instead, it tells the court: “Even if everything the plaintiff says in their Complaint is true, they still do not have a legally valid case against me.” A demurrer challenges the legal sufficiency of the plaintiff’s claims. For example, you might file a demurrer if the plaintiff has failed to state a required element of their legal claim. Under the California Code of Civil Procedure, the party filing a demurrer must first “meet and confer” with the opposing side to try to resolve the issues.
How Do I Choose?
The choice between an Answer and a Demurrer is a key strategic decision. An Answer moves the case toward discovery and a dispute over facts. A Demurrer, if successful, ends the case early on purely legal grounds.
The complicated nature of these options highlights why consulting with an attorney is a sensible next step. An attorney will analyze the Complaint and advise you on the response that best protects your interests and positions your case for the most favorable outcome.
The Discovery Process: What Happens After You Respond?
Filing your response is just the beginning. The next major phase of a lawsuit is called discovery. This is the formal, structured process where both sides exchange information and evidence relevant to the case.
During discovery, you should expect to receive various requests from the plaintiff’s attorney. These may include:
- Requests for Documents: You may be asked to produce copies of emails, contracts, reports, or other documents related to the lawsuit.
- Interrogatories: These are written questions that you must answer in writing under oath.
- Requests for Admission: These are written statements that you are asked to either admit or deny.
- Depositions: A deposition involves giving sworn testimony outside of court. You will be asked questions by the opposing attorney, and your answers will be recorded by a court reporter.
Recent Changes You Should Know About: Senate Bill (SB) 235
As of January 1, 2024, California has new rules for “initial disclosures” that have changed the discovery landscape. This change, implemented by Senate Bill 235, means that parties in many civil cases are now required to exchange key information and documents within 60 days of a demand by another party, without waiting for a formal discovery request. This includes the names and contact information of potential witnesses and copies of relevant documents.
The law also increased the monetary sanctions for failing to comply with discovery rules, in an effort to prevent delays and encourage more transparency from the start of a case. Our practice at Wade Litigation stays current on these procedural changes to ensure your case proceeds correctly and that your rights are protected throughout the discovery phase. We handle the process of responding to requests and gathering evidence to build your defense, making sure you remain in full compliance with the law.
What If I Am One Of Several People Being Sued?
When multiple defendants are named in a lawsuit, the rules are different than if you were sued alone. Whether you are business partners, family members, or simply connected to the same incident, each person needs to take the case seriously.
Do All Defendants Have To Respond?
Yes. Every named defendant must file their own response with the court within 30 days of being served. Even if you are part of the same family or company, you cannot rely on one filing to speak for everyone.
It depends. You may share an attorney if your interests are completely aligned. This can save time and reduce costs. But if there is any chance your legal goals may differ—for example, if one person admits to something the others deny—then separate attorneys are usually required.
What If Someone Has Not Been Served?
A defendant who has not been properly served is not bound by the 30-day deadline. If you think someone in the case has not received the documents correctly, bring it to your attorney’s attention right away.
Will This Lawsuit Affect My Public Record Or Reputation?
It could. Civil lawsuits filed in California are part of the public record. Once the plaintiff files a complaint with the court, the case becomes publicly accessible.
What Does That Mean For You?
- The lawsuit is searchable. Many counties post civil case records online. Others allow in-person access. In either case, employers, clients, or business partners can find out that you are being sued.
- The accusations are public. The complaint itself is available for review. While this does not mean the claims are true, the mere existence of the lawsuit can raise concerns, especially in sensitive matters involving fraud, business practices, or fiduciary duties.
How Can You Limit The Damage?
- Respond quickly and professionally. A timely response shows you are taking the matter seriously and reduces the chance of a default judgment, which can damage your record further.
- Request sealing if appropriate. In rare situations involving trade secrets or privacy concerns, your attorney may ask the court to seal certain documents. This is not automatic and must be approved by a judge.
- Stay silent online. Do not post about the lawsuit on social media or any public platform. Anything you say may be used in court or viewed by outside parties.
Managing a lawsuit well involves more than defending the claims. It also means protecting your reputation and controlling the public record.
Frequently Asked Questions About California Civil Lawsuits
Can I just call the person suing me to work it out?
Although resolving the issue directly seems simpler, do not contact the plaintiff or their civil lawsuit lawyer once a lawsuit is filed. Any statement you make may be used against you in court. All communication should be filtered through your own legal counsel to protect your interests.
What is the difference between a limited and an unlimited civil case?
This distinction is based on the amount of money at stake.
- Limited civil cases are for disputes involving $35,000 or less.
- Unlimited civil cases are for disputes where the amount is over $35,000. The rules of procedure and the amount of discovery allowed differ between the two types of cases, with unlimited cases generally being more complicated.
Will I have to go to court?
The majority of civil lawsuits in California settle before they ever reach a trial. However, the possibility of going to court always exists. You should be prepared for potential court appearances for hearings, conferences, or a trial if a settlement cannot be reached through negotiation or mediation.
How much does it cost to hire an attorney to defend me?
The cost will vary depending on the complexity of the case and the legal strategy required. At Wade Litigation, we provide a clear and transparent explanation of our fee structure during our initial consultation.
What happens if the lawsuit was filed in the wrong county?
If the case was filed in an improper venue (county), one of your response options is to file a motion to transfer the case to the correct county. This is a strategic move that must be made early in the process and is governed by rules in the California Code of Civil Procedure § 396b. An attorney helps determine if this is a valid option for your case.
Do Not Let a Lawsuit Define Your Future
Receiving a lawsuit does not mean the fight is already lost. It means a formal process has begun, and you have the right to present a strong and vigorous defense. The first step is filing a timely and strategic response.
Missing the 30-day deadline has lasting financial consequences, but you do not have to face this process alone. Our role at Wade Litigation is to manage the procedures and deadlines for you. This allows you to focus on your life and business while we build a defense designed to protect you.
Let us manage the legal process for you. If you’ve been served with a civil lawsuit in California, call us today for a consultation at 888-705-5059.