--- name: ca-first-30-days description: > Use when a California defendant has just been served with a summons and complaint. Triggers include "I was just served", "I got served with a summons", "how much time to respond", "deadline to answer a California complaint", "30 days to answer", "first steps after being sued", "should I file a demurrer", "motion to strike California", "anti-SLAPP motion", "affirmative defenses", "cross-complaint", "default California". Covers the from-service-through-response window: CCP § 412.20(a)(3) 30-day response (plus 10 days for mail); response options (Answer, Demurrer under § 430.10, Motion to Strike under § 435, Anti-SLAPP under § 425.16, Motion to Quash under § 418.10, Cross-Complaint under §§ 426.10–426.50); mandatory meet-and-confer; affirmative defenses; default procedures under § 585. version: 0.1.1 --- # California — First 30 Days After Service When a defendant in a California civil case is served with a summons and complaint, **Code Civ. Proc., § 412.20(a)(3)** gives them **30 calendar days** from the date of service to file a response. This skill covers the matter-neutral workflow for that window. > **NOT LEGAL ADVICE.** This is a procedural framework, not a > case strategy. The strategic decisions (defend on the merits? > attack by demurrer? negotiate? settle?) depend on the specific > facts and law. ## The 30-day clock The 30 days starts on **the date of service** (the day of actual delivery for personal service — Code Civ. Proc., § 413.10 et seq.) and runs 30 calendar days. **Service by mail (NORF method)**: if the defendant was served by mail under Code Civ. Proc., § 415.30(c) with a "Notice and Acknowledgment of Receipt" form, the 30-day period does not start until the defendant signs and returns the acknowledgment. If the defendant never signs, personal service must be accomplished. **Extension by mail**: if any subsequent paper is served by mail, add 5 calendar days for service within California (Code Civ. Proc., § 1013(a)), 10 days for out-of-state, and 20 days for outside the U.S. **Extension for electronic service**: add 2 court days (Code Civ. Proc., § 1010.6(a)(3)(B)). If the 30th day falls on a weekend or court holiday, the deadline extends to the next court day (Code Civ. Proc., § 12). Compute the precise deadline using `ca-deadlines` and `scripts/case-calendar.py`. ## Response options The defendant must choose one or more responses within 30 days: | Response | Authority | Effect | |---|---|---| | Answer | Code Civ. Proc., § 431.30 | Joins issue on the merits | | General Demurrer | §§ 430.10(e), (f) | Attacks legal sufficiency — tolls answer | | Motion to Strike | § 435 | Attacks irrelevant/improper matter — tolls answer | | Motion to Quash Service | § 418.10 | Attacks service; tolls answer until ruling | | Anti-SLAPP Motion | § 425.16 | Special motion for protected activity; fee-shifting | | Cross-Complaint | §§ 426.10–426.50 | Compulsory (related) or permissive claims | | Stipulated Extension | Party agreement | Extends deadline | Failure to respond results in **default** entered by the clerk under Code Civ. Proc., § 585(a). Once default is entered, the defendant cannot appear in the action without first setting aside the default under § 473 (see `ca-post-judgment`). ## Step-by-step workflow ### Day 1 — Triage **Same day or next day after service.** - **Photograph the summons, complaint, and envelope** — preserve postmark and method of service. - **Note the date and method of service** (personal delivery, substitute service, mail) — this determines the deadline. - **Calendar the 30-day deadline** using `ca-deadlines`. - **Calendar a working buffer at day 22** — aim to file by then. - **Identify the court** (superior court, county, department). - **Read the complaint carefully** — what causes of action, what damages, what relief? - **Verify proper service** — personal service requires delivery to the defendant, or to a person of suitable age at the defendant's dwelling or business, with a follow-up mailing (Code Civ. Proc., § 415.20(b)). ### Days 2–7 — Defenses inventory Make a checklist of potential defenses. California demurrers and motions to quash must be raised early or they may be waived. **Demurrer grounds (Code Civ. Proc., § 430.10):** | Ground | Code | |---|---| | Court lacks subject-matter jurisdiction | § 430.10(a) | | Plaintiff lacks legal capacity to sue | § 430.10(b) | | Suit is another action pending | § 430.10(c) | | Defect or misjoinder of parties | § 430.10(d) | | Complaint fails to state facts sufficient to constitute a cause of action | § 430.10(e) | | Complaint is uncertain, ambiguous, or unintelligible | § 430.10(f) | **Motion to quash** (Code Civ. Proc., § 418.10): challenges personal jurisdiction, improper venue, or defective service. Must be filed before appearing on the merits — making a general appearance waives these defenses. **Anti-SLAPP** (Code Civ. Proc., § 425.16): if the claims arise from the defendant's protected speech or petitioning activity, the defendant may file a special motion to strike within 60 days of service of the complaint. An anti-SLAPP motion automatically **stays all discovery** until the motion is decided. If the anti-SLAPP motion is granted, defendant is entitled to mandatory attorney fees and costs. **Substantive affirmative defenses** (Code Civ. Proc., § 431.30(b)): Affirmative defenses must be pleaded in the answer with sufficient facts — vague boilerplate is disfavored. Common California affirmative defenses: - Statute of limitations (Code Civ. Proc., § 335 et seq.) - Accord and satisfaction - Assumption of risk (tort) - Comparative fault (Civil Code, § 1431.2) - Estoppel / equitable estoppel - Failure of consideration - Lack of standing or capacity - Laches - Payment (full or partial) - Release or waiver - Res judicata / claim preclusion - Collateral estoppel / issue preclusion - Statute of frauds (Civil Code, § 1624) - Lack of privity (contract) - Discharge in bankruptcy (11 U.S.C. § 727) - Subject-matter-specific defenses (see `ca-consumer-debt` for FDCPA / Rosenthal Act defenses in debt cases) **Verification**: if the complaint is verified (Code Civ. Proc., § 446), the answer must also be verified, and denials must be specific — a general denial of all allegations is not sufficient against a verified complaint (Code Civ. Proc., § 431.30(d)). ### Days 7–14 — Cross-complaint planning California's compulsory cross-complaint statute (Code Civ. Proc., § 426.30): - **Compulsory**: any related cause of action arising out of the same transaction or occurrence **must** be raised in a cross- complaint filed before or at the time of trial, or it is forever barred (Code Civ. Proc., § 426.30(a)). - **Permissive**: any other claim against the plaintiff (Code Civ. Proc., § 428.10) may be raised in a cross-complaint or a separate action. For consumer-debt defendants, potential cross-claims often include: - Rosenthal Fair Debt Collection Practices Act (Cal. Civ. Code, §§ 1788–1788.33) — if the plaintiff is a debt collector. - FDCPA (15 U.S.C. § 1692 et seq.). - California Consumer Privacy Act violations. - Unlicensed collection activity. See `ca-consumer-debt` for the full cross-claim menu. ### Days 5–10 — Meet-and-confer requirements **Before filing a demurrer** (Code Civ. Proc., § 430.41): - The demurring party must meet and confer with the opposing party **in person or by telephone** at least **5 days before** the deadline to file the demurrer. - The meet-and-confer must discuss each ground for the demurrer. - A declaration describing the meet-and-confer (or explaining why it could not be accomplished) must be attached to the demurrer as a separate section. - If the plaintiff agrees to amend on any ground after the meet- and-confer, the demurrer on that ground may not be filed until the plaintiff fails to file a timely amended complaint. **Before filing a motion to strike** (Code Civ. Proc., § 435.5): - Same requirement — meet and confer at least 5 days before filing. - Declaration of meet-and-confer required. ### Days 14–22 — Draft the response **Path A: Answer with affirmative defenses and cross-complaint** Use when the defenses are substantive; when compulsory cross- claims exist; when discovery should start immediately. Structure: 1. Caption: SUPERIOR COURT OF CALIFORNIA / COUNTY OF [COUNTY] 2. Parties and case number 3. Title: "DEFENDANT [NAME]'S ANSWER TO COMPLAINT; AFFIRMATIVE DEFENSES; AND CROSS-COMPLAINT" (if applicable) 4. Admissions and denials (paragraph-by-paragraph for verified complaints; general denial permitted for unverified complaints per Code Civ. Proc., § 431.30(d)) 5. Affirmative defenses — numbered, each with legal basis and a brief factual showing 6. Cross-complaint — separate numbered causes of action, each with elements and prayer (if applicable) 7. Prayer for relief 8. Verification (if complaint was verified) 9. Proof of service (Form POS-030) **Path B: Demurrer (with or without motion to strike)** Use when a legally valid ground could dispose of one or more claims without full trial. Demurrer packet: 1. Notice of demurrer (sets hearing date) 2. Demurrer itself (ground + code section for each count) 3. Memorandum of points and authorities (max 15 pages under Cal. Rules of Court, rule 3.1113(d)) 4. Declaration of meet-and-confer (Code Civ. Proc., § 430.41) 5. Proposed Order 6. Proof of service Note: filing a demurrer tolls the answer deadline. If the demurrer is overruled, the defendant has **10 days** to file the answer (Code Civ. Proc., § 430.30(c)). **Path C: Motion to quash service** Use when service was defective and personal jurisdiction is disputed. Filing a motion to quash does not constitute a general appearance and does not waive personal jurisdiction (Code Civ. Proc., § 418.10(e)). **Path D: Stipulated extension** If plaintiff's counsel agrees, get a written stipulation extending the response date (typically 30 days). File with the court. Many plaintiffs grant one extension. ### Days 22–28 — QC and filing - **Run `ca-quality-check`** against the draft. - **Run `ca-fact-check`** to verify citations and dates. - **Verify deadlines** with `ca-deadlines`. - **eFile** via the county's e-filing portal (see `ca-file-packet`). - **Serve all parties** and file a proof of service. - **If demurrer**: reserve a hearing date per `ca-schedule-hearing` and include the hearing date in the notice. ## Pre-answer evidence preservation During the 30-day window, the defendant should: - **Preserve all communications** with the plaintiff (emails, letters, voicemails) — may be Rosenthal Act or FDCPA evidence. - **Preserve business records** (bank statements, account agreements, monthly statements). - **Photograph any physical evidence** that may degrade. - **Issue a litigation-hold notice** if others hold potentially relevant records. ## Default avoidance The most common pro se failure mode is missing the 30-day deadline. Tools to prevent it: - Calendar the deadline the day you are served. - Calendar a buffer at day 22. - eFile, not paper, to avoid mailing delays and clerk rejection. - Confirm filing acceptance within 1 business day; if rejected, re-file before day 30. If default has already been entered, the defendant must move to vacate under Code Civ. Proc., § 473(b) — see `ca-post-judgment`. ## Cross-references - `ca-deadlines` — exact date computation (CCP §§ 12, 1013, 1010.6) - `ca-draft-motion` — demurrer, motion to strike, motion to quash - `ca-draft-declaration` — meet-and-confer declaration - `ca-discovery` — first RFPs / RFAs (serve with or after answer) - `ca-consumer-debt` — debt-defense affirmative defenses and cross-complaints - `ca-pro-se` — pro se procedures in California superior courts - `ca-post-judgment` — if default already entered (CCP § 473) **NOT LEGAL ADVICE.** Generated content is a drafting aid; verify against current rules and case law before filing.