California Civil Procedure

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Commonly Asked Questions about California Civil Procedure

How long do you have to answer a complaint in California Rules of Civil Procedure?

The defendant shall answer the amendments, or the complaint as amended, within 30 days after service thereof, or such other time as the court may direct, and judgment by default may be entered upon failure to answer, as in other cases.

How many days do you have to answer a cross complaint in California?

A response to a cross-complaint generally must be filed within 30 days of being served with the cross-complaint. Code of Civil Procedure 432.10. If you learn later that you need to file a cross-complaint you can make a motion to ask for an order allowing you to file a cross-complaint.

How long do you have to answer a civil complaint in California?

Generally, you have 30 days AFTER the date you are served to file a response with the court. The 30 days include weekend days and court holidays.

Is there an extension of time to answer a complaint in California?

The 30-day extension shall commence from the date the responsive pleading was previously due, and the demurring party shall not be subject to default during the period of the extension. Any further extensions shall be obtained by court order upon a showing of good cause.

What is good cause in the California Code of Civil Procedure?

(d) Good cause means a substantial reason, taking into account the prejudice or irreparable harm a party will suffer if a hearing is not held on an objection or not held within the time periods established by this chapter.

What is the civil procedure for default in California?

A default ends the defendants chance to file a response because the defendant has not responded in time. You must ask for a default within 10 days of the defendant missing the deadline to respond.