Being served with a summons and complaint is designed to get your attention — and it should. In California, the clock starts running the moment you are served, and the decisions you make in the first few weeks often shape the entire case: what defenses survive, what leverage you hold, and what the litigation will ultimately cost you.
If you own a business, real estate, or substantial assets, you are not a typical defendant. Plaintiffs’ lawyers know that, and their strategy will reflect it. Yours should too.
The Deadline: 30 Days, and It Is Real
Under California law, you generally have 30 days after service to file a response to the complaint. Miss it, and the plaintiff can request that the court enter your default — which can lead to a default judgment for the full amount demanded, without your side ever being heard.
Defaults happen to sophisticated people more often than you would expect: the papers get handed to an assistant, forwarded to the wrong entity, or set aside “until things calm down.” Getting a default set aside is possible in some circumstances, but it is expensive, uncertain, and starts the case with the court’s patience already tested. Do not let it get there.
Step One: Preserve Everything
The moment litigation is reasonably anticipated — and being served removes all doubt — you have a legal duty to preserve relevant evidence. That includes emails, texts, accounting records, contracts, and internal communications. Instruct your team, in writing, to suspend routine deletion policies for anything connected to the dispute.
Destroying or losing evidence, even inadvertently, can result in sanctions that are worse than the underlying facts. Judges and juries assume that deleted documents were damaging.
Step Two: Say Nothing to the Other Side
Do not call the plaintiff to “work it out.” Do not email an explanation. Do not respond to their lawyer’s letter yourself. Anything you say can be quoted back in a declaration, and casual statements made in the first week routinely become exhibits at trial. Once counsel is engaged, all communication runs through them — which also tends to lower the temperature.
Step Three: Understand What You’ve Actually Been Sued For
The complaint tells you more than the amount demanded. An experienced litigator reads it for:
- Which claims are vulnerable to early attack. California allows a defendant to challenge defective claims at the outset — through a demurrer, a motion to strike, or, where a claim targets protected speech or petitioning activity, a special motion to strike (anti-SLAPP). A successful early motion can eliminate claims before discovery ever begins, and in the anti-SLAPP context can shift attorney’s fees to the plaintiff.
- Whether the right parties are named. Suits against individuals for corporate obligations, or against the wrong entity in a family of companies, can sometimes be narrowed early.
- What the plaintiff really wants. Complaints are opening positions. The prayer for relief, the claims chosen, and the venue selected all signal whether the plaintiff wants a fast settlement, a public fight, or leverage in a broader relationship.
Step Four: Check Your Insurance — Immediately
Many business and property disputes trigger coverage under commercial general liability, D&O, E&O, or property policies — including the duty to defend, which can mean the insurer pays your defense costs. But policies require prompt notice, and late notice is one of the most common reasons carriers deny claims. Tender the claim to every potentially applicable carrier early, even if coverage seems unlikely. Let the insurer say no in writing.
Step Five: Decide on Posture Before You Spend
Not every case should be fought the same way. Before significant fees are incurred, you and your counsel should align on a strategy:
- Early resolution. Sometimes the economics favor a quiet, early settlement — particularly where confidentiality, reputation, or an ongoing business relationship matters more than vindication.
- Aggressive defense. Where the claims are weak or the plaintiff is using litigation as pressure, early dispositive motions and disciplined discovery can shift leverage quickly.
- Counterclaims. If you have your own claims arising from the same dispute, California’s compulsory cross-complaint rules may require you to bring them now or lose them.
The worst posture is drift: paying monthly bills with no defined objective.
If You Live Outside California
You do not need to be a California resident to be sued here. If the dispute concerns California real estate, a California business, or a contract performed here, California courts will very likely have jurisdiction — and the case will proceed whether or not you show up. The good news: modern California litigation is largely remote-friendly. Most hearings, depositions, and mediations can be handled without you setting foot in the state. What you need is California counsel who treats you like a local client. (We wrote a separate guide for out-of-state and international owners of California assets — read it here.)
Frequently Asked Questions
Can I get more time to respond?
Often, yes. Plaintiff’s counsel commonly grants a short extension as a professional courtesy, and courts can grant relief in appropriate circumstances. But extensions must be arranged before the deadline — not after.
Should I settle just to make it go away?
Sometimes — but never before you understand the strength of your defenses and the plaintiff’s real exposure. Settling from fear in week one usually costs more than settling from strength in month four.
Will this become public?
Court filings are generally public records. If confidentiality matters, that fact should shape strategy from day one — including whether to push the dispute toward mediation or private arbitration.
Talk to a California Litigation Attorney Before the Clock Runs Out
Dracup & Patterson, Inc. represents business owners, property owners, and individuals in high-stakes disputes throughout California — in court, arbitration, and mediation. Our managing partner has four decades of California litigation experience. If you have been served, contact us for a confidential consultation before your response deadline. Call (833) 221-2990 or visit the consultation page to start the conversation.
This article is attorney advertising and is provided for general informational purposes only. It is not legal advice and does not create an attorney-client relationship. Every case is different; consult a lawyer about your specific situation.