Your California Business Was Served With a Lawsuit: The First 30 Days

Being handed a summons is alarming, but the first month follows a predictable pattern. The most important rule is the simplest: don't ignore it. If you don't respond in time, the other side can ask for a default judgment and win without you being heard.

The deadline

In most California civil cases you have 30 calendar days after you are served to file a written response with the court (Code Civ. Proc. §412.20(a)(3)). Don't count the day you were served. Weekends count, but if the last day falls on a weekend or court holiday, the deadline moves to the next court day (§§12, 12a).

If the papers were left with someone else at your business and then mailed (substituted service), service is complete on the 10th day after the mailing, and your 30 days start then, so your response is due about 40 days after the papers were mailed (Code Civ. Proc. §415.20). If you're unsure when you were served, treat the earliest possible date as your start date.

Eviction (unlawful detainer) cases are much faster. Since January 2025 you have 10 days, not counting weekends and court holidays, with 5 more court days if you were served by mail (Code Civ. Proc. §1167). The eviction summons is a different form, SUM-130.

Changes on January 1, 2027. New rules (AB 747, 2025) require more attempts at personal service before papers can be left with someone else, add stricter proof-of-service rules, and make it easier to undo a default based on bad service. If you were served on or after that date, check the updated rules on the court's self-help site.

Day 1–3: understand what you received

Look at the summons (form SUM-100) and the complaint:

• Court and case number: which superior court and courthouse.
• Who is suing and for what: breach of contract, unpaid bill, injury, employment claim.
• Limited or unlimited civil: limited civil cases are those for $35,000 or less (not counting attorney fees, interest and costs) and have simpler procedures (Code Civ. Proc. §85).
• The date you were served. Write it down now.

Day 1–3: tell your insurer

If you have general liability, professional liability, or employment practices insurance, notify your insurer immediately and send them the papers. Many policies require the insurer to defend you, meaning they pay for and choose the lawyer. Late notice can put coverage at risk.

Day 1–7: decide who will represent the business

• Sole proprietors can represent themselves.
• Corporations and LLCs generally can't. Outside small claims court, a corporation must appear through a licensed attorney; an owner or officer can't file the response on its behalf (Merco Construction Engineers, Inc. v. Municipal Court (1978) 21 Cal.3d 724). California courts apply the same rule to LLCs and other business entities. Small claims court is the exception: there a business appears through an employee, officer or director (Code Civ. Proc. §116.540).

To find a lawyer, contact a lawyer referral service certified by the State Bar of California. Most county bar associations run one, and many offer a low-cost first consultation.

Day 1–30: keep everything

Save every contract, invoice, email, text and photo related to the dispute. Don't delete anything, even if it looks bad. Destroying evidence after a lawsuit starts can lead to serious penalties.

By day 30: file a response

Common responses are:

• Answer: responds to each claim and raises your defenses. A simpler general denial (form PLD-050) is enough if the complaint isn't verified, or in any limited civil case. The exception is a verified complaint from someone suing on a debt assigned to them for collection, such as a debt buyer (Code Civ. Proc. §431.30(d)).
• Demurrer: argues the complaint is legally defective even if its facts are true. It's due within the same 30 days (§430.40). First you must try to talk it through with the other side; if that can't happen in time, a declaration gets you an automatic 30-day extension (§430.41).
• Motion to strike: asks the court to remove improper parts of the complaint. It's also due within the time to respond (§435).

Each requires a filing fee unless you qualify for a fee waiver, and a copy must be served on the other side. If you need more time, the other side's lawyer will often agree to a short extension. Get it in writing and check whether the court requires anything to be filed.

If you missed the deadline

Act fast. You can ask the court to set aside a default for mistake, inadvertence, surprise or excusable neglect. You must apply within a reasonable time and no later than six months, with your proposed answer attached. If your lawyer's mistake caused the default and they say so in a sworn statement, the court must set it aside (Code Civ. Proc. §473(b)). The sooner you move, the better your chances.

Low-cost help in your county

Each superior court has a free self-help center that explains forms and procedures (it can't represent you). For an overview of this topic, see Got sued.

Worked example: counting the 30 days

These examples use the counting rules above. They don't cover eviction cases or service on or after January 1, 2027.

In the second example, the last day falls on a Saturday, so the deadline moves to the next court day. If you're unsure which date applies, work from the earliest one.

Common mistakes

• Waiting to hear from the other side. The deadline runs whether or not anyone contacts you.
• Having an owner file the response for an LLC or corporation. Outside small claims, the business generally needs a licensed attorney.
• Telling the insurer late. Many policies require prompt notice, and late notice can put coverage at risk.
• Relying on a spoken extension. An agreement for more time should be in writing.
• Deleting emails or texts that look bad. Destroying evidence after a lawsuit starts can lead to serious penalties.
• Assuming a default is final. A request to set it aside must be made within a reasonable time and no later than six months, so speed matters.

Frequently asked questions

Sources

We use primary sources: statutes, court rules, official forms and government pages. Read our editorial standards.

• California Courts self-help and form SUM-100
• Code of Civil Procedure §412.20, §415.20, §85, §431.30, §473, §585, §1167
• Merco Construction Engineers v. Municipal Court (1978) 21 Cal.3d 724