Being served with a summons and complaint starts a clock that does not care whether you are busy, out of town, or convinced the lawsuit is nonsense. Miss the deadline and the plaintiff can take a default judgment for everything demanded — without you ever telling your side. This article walks through the deadlines that follow service in a California civil case and the choices you have inside each one.
The 30-day rule
Under Code of Civil Procedure § 412.20, a defendant must file a written response within 30 calendar days after service of the summons. Weekends and holidays count; if day 30 lands on one, the deadline rolls to the next court day. The response must be a proper court filing — an answer, demurrer, or motion. Calling the plaintiff, emailing their lawyer, or sending the court a letter does not stop the clock.
When were you actually "served"?
The start date depends on the method of service, and it is worth pinning down precisely:
- Personal service — the papers were physically delivered to you (or your company's agent for service of process). The day of service is excluded, and the 30 days begin running the following day.
- Substituted service — the papers were left with an adult member of your household or a person apparently in charge at your office and then mailed. Service is deemed complete on the 10th day after mailing (CCP § 415.20), so you effectively get extra time.
- Service by mail with acknowledgment — service is complete on the date you sign the acknowledgment form, which must be returned (CCP § 415.30). Refusing to sign has consequences: you can be charged the costs of serving you another way.
- Service on a corporation or LLC — usually made on the registered agent listed with the Secretary of State. If your agent's address is stale, you may not learn about a suit until after default. Keep it current.
What happens if you do nothing
After the deadline passes, the plaintiff may file a request for entry of default under CCP § 585. Entry of default cuts off your right to respond; a default judgment can then follow for the relief properly demanded in the complaint or an applicable statement of damages, plus costs. Setting aside a default requires a motion — typically under CCP § 473(b) for mistake, inadvertence, surprise, or excusable neglect, filed within a reasonable time and no later than six months after the relevant default, order, or judgment — and relief is not assured. Defendants who were never validly served have stronger tools, including a motion to set aside a void judgment, but litigating about service is far more expensive than responding on time would have been.
Your response options within the 30 days
- Answer. Admit or deny the allegations and raise affirmative defenses such as statute of limitations, failure of consideration, or offset. Filing fees for a first appearance in an unlimited civil case run around $435–$450.
- Demurrer (CCP § 430.40) — argue the complaint fails to state a claim even if everything in it were true. Note that a demurrer requires a meet-and-confer with the other side at least five days before the responsive pleading is due (CCP § 430.41).
- Motion to strike improper or unsupported allegations, often aimed at punitive damages.
- Motion to quash service (CCP § 418.10) — challenge defective service or the court's jurisdiction. This must generally be filed before or with an answer; answering without preserving the objection can waive it.
- Petition to compel arbitration if the contract at issue contains an arbitration clause.
- Cross-complaint against the plaintiff — compulsory related claims should be filed with your answer or they may be lost.
Need more time? Ask early
California practice favors professional courtesy on first extensions. Under Rule of Court 3.110(d), the parties can stipulate in writing to extend the time to respond by up to 15 days without court approval; longer extensions require a court order. The key is to ask before the deadline, in writing, and to confirm the new date. An extension request also signals the plaintiff that you are engaged, which by itself reduces the odds of an opportunistic default. This is typically the first call your civil litigation attorney makes after being retained.
Three things to do today
- Calendar two dates: the response deadline and a "lawyer retained by" date at least two weeks earlier — evaluating defenses and preparing a demurrer takes time.
- Preserve documents related to the dispute, including emails and texts, and if a business was sued, tell employees to do the same.
- Notify your insurer. Many commercial policies fund a defense, and late notice can jeopardize coverage, particularly under claims-made policies. If the suit involves your company's operations or contracts, an attorney who works in business litigation can assess coverage angles alongside the defense.
Talk to a California business attorney
If you or your business has been served, the most valuable thing you can do this week is get the deadline confirmed and a response strategy in place. Schedule a free consultation or call (949) 418-2113.
This article is attorney advertising and provides general information only. It is not legal advice and does not create an attorney–client relationship. Facts matter; consult a lawyer about your specific situation.
