The Critical First 60 Days: A Roadmap
The first 60 days of a California civil case follow a predictable sequence: filing, service, responsive pleading, and the Case Management Conference. Each step has hard deadlines under the Code of Civil Procedure (CCP) and California Rules of Court (CRC). Missing any deadline can mean default judgment against you, waived defenses, or discovery sanctions. This hub exists to help you hit every deadline and understand every procedural requirement.
The Sequence: Filing Through CMC
Whether you're the plaintiff initiating suit or the defendant responding, California civil litigation follows a standard procedural flow. Understanding this sequence is essential for both self-represented litigants and attorneys handling California matters.
The first 60 days are deceptively simple on paper but full of traps. Plaintiffs often underestimate how difficult proper service can be—especially for defendants who evade service or for entity defendants where you need to identify the correct agent for service. Defendants often fail to calendar properly, especially when served by substituted service (which adds 10 days to the response deadline) or by mail (which adds 5 days for mailing within California). Build in buffer time and calendar conservatively.
Why These 60 Days Matter
The early procedural steps in California litigation create irreversible consequences:
- Default judgment: If a defendant fails to respond within the deadline, the plaintiff can request entry of default. Once default is entered, the defendant loses the right to participate in the case. Setting aside default requires showing excusable neglect or other grounds under CCP 473(b).
- Waived defenses: Certain defenses (lack of personal jurisdiction, improper venue, insufficiency of process) must be raised in the initial responsive pleading or they're waived forever. See CCP 418.10.
- Anti-SLAPP deadlines: A special motion to strike under CCP 425.16 must be filed within 60 days of service of the complaint. Miss this window and you lose the right to bring the motion.
- Fee waiver timing: If you qualify for a fee waiver (FW-001), it should be filed with your initial papers. Requesting a fee waiver after paying fees doesn't get you a refund.
The most common malpractice in civil litigation is missed deadlines. California deadlines are unforgiving—there's no federal-style "mailbox rule" that saves you if you file one day late. Calendar every deadline in two systems, build in buffer days, and never assume you have more time than you do. When in doubt, file early.
Special Situations That Change the Timeline
| Situation | Timeline Impact | Authority |
|---|---|---|
| Substituted service | +10 days to respond | CCP 415.20(b) |
| Service by mail (CA) | +5 days to respond | CCP 1013(a) |
| Service by mail (out of state) | +10 days to respond | CCP 1013(a) |
| Cross-complaint filed | 30 days to respond to cross-complaint | CCP 432.10 |
| Demurrer filed | Tolls answer deadline; CMC may be continued | CCP 430.40 |
| Anti-SLAPP motion filed | Stays discovery; hearing within 30 days | CCP 425.16(f), (g) |
| Fee waiver requested | Court must rule within 5 days | GC 68634(e) |
- 60 days to serve: Plaintiffs have 60 days from filing to serve the defendant (extendable for good cause)
- 30 days to respond: Defendants have 30 days from service to file an answer or demurrer (plus mailing/service extensions)
- 60 days for Anti-SLAPP: The special motion to strike must be filed within 60 days of service
- CMC within 60 days: The Case Management Conference is typically scheduled within 60 days of filing
- Meet and confer required: Before any discovery motion, parties must meet and confer in good faith (CCP 2016.040)
Pre-Filing Checklist: Before You File or Respond
Preparation before filing determines your success after filing. Whether you're a plaintiff drafting a complaint or a defendant preparing a response, the work you do before hitting "file" sets the foundation. This checklist covers jurisdiction, venue, parties, claims, and logistics—everything you need to verify before initiating or responding to a California civil case.
For Plaintiffs: Before Filing the Complaint
- Jurisdiction confirmed: Subject matter jurisdiction (Superior Court for claims over $25,000; Limited Civil for $25,000-$35,000; Small Claims for under $12,500)
- Venue selected: Proper county identified (defendant's residence, where contract was to be performed, where injury occurred, etc.) per CCP 395-395.5
- Statute of limitations verified: Confirmed the claim is timely (e.g., 2 years for personal injury, 4 years for written contract, 3 years for fraud)
- All defendants identified: Correct legal names for individuals and entities; agent for service of process identified for corporations/LLCs
- Doe defendants considered: If potential defendants are unknown, include Doe defendants (Does 1-20) per CCP 474
- All claims included: California's compulsory joinder rule requires all related claims between parties be joined in one action
- Standing verified: Plaintiff has legal standing to bring each claim (real party in interest, proper assignee, etc.)
- Pre-suit requirements met: Demand letter sent if required; government claim filed if suing a public entity (6 months from accrual per GC 911.2)
- E-filing account created: Registered with court's approved e-filing service provider (varies by county)
- Filing fee calculated: Confirmed current filing fee ($435 for unlimited civil, $370 for limited civil as of 2025)
- Fee waiver prepared (if applicable): FW-001 completed if plaintiff qualifies for indigency waiver
- Civil case cover sheet prepared: CM-010 completed with correct case category and classification
- Summons prepared: SUM-100 completed; one for each defendant
- Service plan ready: Process server identified; addresses for service confirmed; budget for service costs set
"Except as otherwise provided by law...the superior court in the county where the defendants or some of them reside at the commencement of the action is the proper court for the trial of the action."
Venue is frequently contested. If you file in the wrong county, defendants can file a motion to transfer venue under CCP 397, adding delay and cost.
For Defendants: Before Filing a Response
- Deadline calculated: Confirmed exact response deadline including any service extensions (substituted service +10 days, mail +5/+10 days)
- Service validity checked: Confirmed service was properly effected (correct person, correct method, proper proof of service)
- Personal jurisdiction analyzed: Determined if defendant has sufficient contacts with California to support jurisdiction
- Venue challenge considered: Evaluated whether venue is proper; noted deadline for transfer motion if challenging
- Demurrer grounds evaluated: Analyzed complaint for demurrable defects (failure to state a claim, uncertainty, etc.)
- Anti-SLAPP applicability assessed: Determined if claims arise from protected activity (speech, petition) triggering CCP 425.16
- Affirmative defenses identified: Catalogued all applicable affirmative defenses (statute of limitations, waiver, estoppel, etc.)
- Cross-complaint claims evaluated: Identified any claims defendant has against plaintiff or third parties
- Insurance coverage checked: Notified liability insurers; confirmed defense obligation; identified conflicts
- E-filing account created: Registered with court's approved e-filing service provider
- Fee waiver prepared (if applicable): FW-001 completed if defendant qualifies for indigency waiver
- Document preservation started: Issued litigation hold; preserved relevant documents and ESI
A demurrer challenges the legal sufficiency of the complaint without responding to the factual allegations. If the complaint has clear defects (missing elements, barred by statute of limitations on its face, wrong party), a demurrer can dispose of claims before you have to answer. However, demurrers take time (hearing typically 5+ weeks out), and if overruled, you've given plaintiff a roadmap to fix their complaint. Consider whether quick resolution via answer and early discovery is strategically preferable.
Entity-Specific Considerations
| Party Type | Filing/Response Requirement | Special Consideration |
|---|---|---|
| Individual (self-rep) | May represent self in any California court | Must use correct forms; held to same procedural standards as attorneys |
| Corporation | Must be represented by licensed attorney | Cannot self-represent; in-house counsel must be CA-barred; service on agent for service of process |
| LLC | Must be represented by licensed attorney | Same as corporation; check Secretary of State for registered agent |
| Partnership (GP) | Partners can represent in limited civil; attorney required for unlimited | Service on any general partner or agent |
| Government entity | Represented by government attorneys (AG, County Counsel, City Attorney) | Plaintiff must file government claim before suit (GC 910-915.4) |
| Minor | Must sue/be sued through guardian ad litem | Court must appoint guardian ad litem (CCP 372) |
Post-Filing Steps: What Happens After the Complaint
After filing, the clock starts running on multiple deadlines. Plaintiffs must serve within 60 days. Defendants must respond within 30 days of service. Both parties must prepare for the Case Management Conference. This tab walks through the procedural steps that follow filing, with specific guidance for both plaintiffs and defendants.
For Plaintiffs: After Filing
Step 1: Effect Service of Process
After filing, plaintiff has 60 days to serve the summons and complaint on each defendant (CCP 583.210). This deadline can be extended for good cause, but don't rely on extensions—serve promptly.
Service methods in California:
- Personal service (CCP 415.10): Hand-delivering the summons and complaint directly to the defendant. This is the most reliable method.
- Substituted service (CCP 415.20): If personal service fails after reasonable diligence, serve by leaving copies with a competent adult at defendant's home or workplace, then mailing copies. Adds 10 days to response deadline.
- Service by mail with acknowledgment (CCP 415.30): Mailing copies with a notice and acknowledgment form. Only effective if defendant signs and returns the acknowledgment.
- Service by publication (CCP 415.50): For defendants who cannot be located after diligent search. Requires court order.
- Service on agent (CCP 416.10-416.90): For corporations, LLCs, and other entities, serve the designated agent for service of process.
Defective service is a common basis for setting aside default judgments. If service wasn't properly effected (wrong person, wrong location, no proof of diligent attempts for substituted service), any resulting default judgment is vulnerable to attack. Document every service attempt meticulously. Use a registered process server who knows the requirements.
Step 2: File Proof of Service
After service, file a Proof of Service (POS-010 or POS-030) with the court. This document proves that defendant was properly served and triggers the response deadline.
Step 3: Monitor Response Deadline
Track the defendant's response deadline. If defendant fails to respond:
- Request entry of default: File Request for Entry of Default (CIV-100) with the clerk
- Default entered: Clerk enters default, cutting off defendant's right to participate
- Default judgment: Depending on the case, obtain judgment by clerk's judgment or default prove-up hearing
Step 4: Prepare for CMC
File your Case Management Statement (CM-110) at least 15 days before the CMC. Be prepared to discuss:
- Settlement prospects and ADR (mediation/arbitration)
- Discovery plan and anticipated disputes
- Number of witnesses and trial time estimate
- Any issues requiring early court intervention
For Defendants: After Being Served
Step 1: Calendar the Deadline
Calculate your response deadline precisely:
- Personal service: 30 days from date of service
- Substituted service: 30 days from date of mailing + 10 days = 40 days
- Service by mail (California): 30 days + 5 days = 35 days
- Service by mail (out of state): 30 days + 10 days = 40 days
Step 2: Choose Your Response
Defendant has several options for responding:
| Response | When to Use | Deadline |
|---|---|---|
| Answer | When you want to contest the claims on the merits | 30 days (+ extensions) |
| Demurrer | When complaint fails to state a claim or has legal defects | 30 days (+ extensions) |
| Motion to Strike | When complaint contains irrelevant, false, or improper matter | 30 days (+ extensions) |
| Motion to Quash | When challenging service of process or personal jurisdiction | Before or concurrent with response |
| Anti-SLAPP Motion | When claims arise from protected speech/petition activity | 60 days from service |
Step 3: Meet and Confer (If Required)
Before filing a demurrer, you must meet and confer with plaintiff's counsel regarding the defects you intend to raise (CCP 430.41). This must happen at least 5 days before the demurrer deadline. Document your meet and confer efforts in a declaration filed with the demurrer.
"Before filing a demurrer...the demurring party shall meet and confer in person, by telephone, or by video conference with the party who filed the pleading...for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer."
Failure to meet and confer can result in the demurrer being overruled or continued.
Step 4: File Your Response
File your answer, demurrer, or motion through the court's e-filing system. Serve a copy on plaintiff. If filing an answer, include all affirmative defenses—you waive defenses not raised in the answer.
Step 5: Prepare for CMC
Same as plaintiff: file CM-110 at least 15 days before the CMC. Be prepared to discuss your view of the case, discovery needs, and trial time estimate.
The Case Management Conference sets the trajectory for the entire case. Judges use the CMC to assess the parties, identify problem cases, and set realistic schedules. Come prepared with a clear picture of your case: what discovery you need, how long trial will take, and whether there's any chance of settlement. A well-prepared CMC appearance sets a professional tone and can influence how the judge views your client throughout the litigation.
Common Post-Filing Issues
Problem: Defendant actively avoids process servers, doesn't answer the door, or provides false information about their whereabouts.
Solutions:
- Attempt personal service at multiple locations (home, work, known hangouts) at different times
- Document all attempts thoroughly for substituted service declaration
- If substituted service fails, seek court order for service by publication (CCP 415.50)
- Consider hiring a skip trace service to locate defendant
- For entity defendants, check Secretary of State for registered agent updates
Problem: You missed the response deadline and plaintiff has entered your default.
Solutions:
- CCP 473(b) discretionary relief: Within 6 months, move to set aside default based on excusable neglect, inadvertence, surprise, or mistake. Must show meritorious defense.
- CCP 473(b) mandatory relief: If your attorney's error caused the default, attorney can file affidavit of fault for mandatory relief (within 6 months).
- CCP 473.5: If you never received actual notice of the lawsuit, move to set aside within 2 years or 180 days of learning of default (whichever is earlier).
- Void judgment: If service was defective, the default judgment is void and can be attacked at any time.
Act fast: The sooner you move to set aside, the better your chances. Courts are more sympathetic to quick action.
Resources: Forms, Authorities, and Tools
Quick reference for forms, statutes, and resources. This tab consolidates the essential California Judicial Council forms, key Code of Civil Procedure sections, and California Rules of Court provisions you'll need for early-stage civil litigation. Bookmark this page for easy access.
Essential Judicial Council Forms
| Form | Name | Use |
|---|---|---|
| SUM-100 | Summons | Required with every complaint; notifies defendant of lawsuit |
| CM-010 | Civil Case Cover Sheet | Required at filing; classifies case type |
| CM-110 | Case Management Statement | Required 15 days before CMC |
| POS-010 | Proof of Service of Summons | Filed after serving defendant |
| POS-030 | Proof of Service by First-Class Mail | For service by mail |
| CIV-100 | Request for Entry of Default | To enter default when defendant fails to respond |
| FW-001 | Request to Waive Court Fees | Fee waiver application for indigent parties |
| FW-003 | Order on Court Fee Waiver | Court's ruling on fee waiver request |
| MC-030 | Declaration | General-purpose declaration form |
| MC-031 | Attached Declaration | Continuation pages for declarations |
View all Judicial Council forms →
Key Code of Civil Procedure Sections
| Section | Subject | Key Provision |
|---|---|---|
| CCP 395 | Venue | General venue rules; defendant's county of residence |
| CCP 412.20 | Response time | 30 days to respond after service |
| CCP 415.10-.50 | Service of process | Methods of service (personal, substituted, mail, publication) |
| CCP 418.10 | Special appearances | Motions to quash; preserving objections to jurisdiction |
| CCP 425.16 | Anti-SLAPP | Special motion to strike SLAPP suits; 60-day deadline |
| CCP 430.10-.80 | Demurrer | Grounds for demurrer; procedures; meet and confer |
| CCP 473(b) | Relief from default | Setting aside default for mistake, inadvertence, excusable neglect |
| CCP 583.210 | Service deadline | 60 days to serve summons and complaint |
| CCP 1013 | Service by mail | Extensions for mailing (+5 CA, +10 out of state) |
| CCP 2016.040 | Meet and confer | Required before discovery motions |
| CCP 2030-2036 | Interrogatories | Written discovery procedures |
Key California Rules of Court
| Rule | Subject | Key Provision |
|---|---|---|
| CRC 2.100-2.119 | Document format | Paper size, margins, font, line spacing requirements |
| CRC 2.250-2.259 | Electronic filing | E-filing requirements and procedures |
| CRC 3.110 | Case management | General provisions for case management |
| CRC 3.720-3.730 | CMC procedures | Case Management Conference requirements; CM-110 deadline |
| CRC 3.1300-3.1324 | Motions | Notice requirements, format, page limits |
| CRC 3.1350-3.1354 | Discovery motions | Separate statement requirements; meet and confer declaration |
Court E-Filing Portals
California superior courts use various e-filing service providers. Here are the major ones:
- Los Angeles Superior Court: Uses multiple providers including One Legal, File & ServeXpress, and others
- San Francisco Superior Court: File & ServeXpress
- San Diego Superior Court: Odyssey File & Serve
- Orange County Superior Court: One Legal
Check your specific court's website for approved e-filing service providers and registration requirements.
Create a "California Civil Procedure" folder in your research system. Include: the key CCP sections, CRC provisions, Judicial Council forms, and local rules for courts where you practice frequently. When a deadline question arises at 4:30 PM, you want everything at your fingertips—not buried in a statute database.
This Hub's 8 Guides
This hub contains eight comprehensive guides covering early-stage California civil procedure:
| Guide | Topic | What You'll Learn |
|---|---|---|
| 1. Hub Overview | The big picture | You're here now—timeline, checklists, resources |
| 2. E-Filing | Electronic filing | Court portals, document requirements, common errors, troubleshooting |
| 3. Service | Service of process | Personal, substituted, mail, publication; proof of service forms |
| 4. CMC | Case Management Conference | CM-110 preparation, what judges want to know, scheduling orders |
| 5. Discovery | Written discovery basics | Interrogatories, RFPs, RFAs; response deadlines; common objections |
| 6. Meet & Confer | CCP 2016.040 requirements | When required, how to document, what courts expect |
| 7. Default | Setting aside default | CCP 473(b) motions, mandatory vs. discretionary relief, deadlines |
| 8. Fee Waiver | FW-001 application | Eligibility, required documentation, appeal if denied |
| 9. Anti-SLAPP | CCP 425.16 motions | Protected activity, two-step analysis, 60-day deadline, attorney fees |
- Know your deadlines: CCP and CRC deadlines are strict; calendar everything
- Use the right forms: Judicial Council forms are mandatory for most filings
- Document everything: Proof of service, meet and confer efforts, all communications
- When in doubt, file early: There's no California equivalent to the federal mailbox rule
- Consult local rules: Each court has local rules that supplement state rules
I'm Sergei Tokmakov (CA Bar #279869), a California attorney who helps self-represented litigants and referring counsel navigate California civil procedure. Whether you need help with e-filing, responding to a complaint, or preparing for a CMC, I can assist.
For Self-Represented Litigants
- ✓ Document review and feedback
- ✓ Deadline calculation and calendaring
- ✓ Form preparation assistance
- ✓ Procedural guidance and coaching
- ✓ CMC preparation
For Referring Counsel
- ✓ Coverage for CMCs and hearings
- ✓ Demurrer and motion drafting
- ✓ Discovery response preparation
- ✓ Anti-SLAPP motion analysis
- ✓ Default judgment prove-ups
How to file electronically in California courts. Court portals, document requirements, common errors, and troubleshooting rejected filings.
CCP 415 service requirements. Personal, substituted, mail, and publication service methods. Proof of service forms and common defects.
Preparing for your CMC. CM-110 requirements, what judges want to know, and how to set a favorable litigation schedule.
Written discovery fundamentals. Interrogatories, requests for production, requests for admission. Response deadlines and common objections.
CCP 2016.040 meet and confer requirements. When it's required, how to document your efforts, and what courts expect to see.
Relief from default judgment under CCP 473(b). Mandatory vs. discretionary relief, deadlines, and how to show excusable neglect.
FW-001 application process. Income eligibility, required documentation, and what to do if your fee waiver is denied.
CCP 425.16 special motions to strike. Protected activity, two-step analysis, 60-day filing deadline, and mandatory attorney fees.