The 30-Day Deadline

⏰ Critical Deadline

Under California Code of Civil Procedure § 412.20, you have 30 calendar days from the date you were served to file a response. If you were served by substituted service (left with someone else or posted), you may have 40 days. Miss this deadline and the plaintiff can request a default judgment—meaning they win without you ever getting to tell your side.

What Counts as Your Response Date?

Check your Proof of Service carefully. The date matters.

Which Response Is Right for Your Case?

Quick Decision Guide

If
The complaint states valid legal claims but the facts are wrong or disputed
→
File
Answer with denials and affirmative defenses
If
The complaint is legally deficient (missing elements, wrong parties, time-barred)
→
File
Demurrer attacking legal sufficiency
If
Some allegations are improper, irrelevant, or punitive damages lack factual support
→
File
Motion to Strike (often with Demurrer)
If
Multiple issues: legal defects AND fact disputes AND improper allegations
→
File
Demurrer + Motion to Strike, with Answer as backup

Common Business Lawsuit Claims

If you've been sued in a business dispute, your complaint likely includes some of these causes of action:

Each claim has specific elements the plaintiff must prove. Your response strategy depends on which elements are weakest.

Key Takeaways
  • Don't ignore the lawsuit — Default judgment means automatic loss
  • Calendar your deadline immediately — 30 days goes fast
  • Read the complaint carefully — Identify factual disputes vs. legal defects
  • Consider all three responses — They can be filed together strategically
  • Meet-and-confer is required — Before filing demurrer or motion to strike
  • Preserve your defenses — Some affirmative defenses are waived if not raised early

Need Help Drafting Your Response?

I draft Answers, Demurrers, and Motions to Strike for California defendants and attorneys on deadline. Ghostwriting available.

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