California Procedures
Chapter 4
Appearance by Defendant
First Read:
• Companion Ch. 9
• LBTN Ch. 4
Introduction
Once served with the summons and complaint, the defendant has 30 days to take action or risk entry of default. Remember - the 30 days starts running from the effective date of service of the summons and complaint. C.C.P. § 430.41(a)(2) provides a mechanism for automatic extension relating to demurrers.
In most cases, the defendant will simply respond to the complaint by filing an answer. Upon doing so, the defendant makes a general appearance in the case, thereby submitting to the jurisdiction of the court.
In lieu of answering the complaint, or at least prior to answering the complaint, the defendant may attempt to end the case by filing a motion to quash service of summons, alleging a defect in the service of the summons and complaint, and claiming that the court has no jurisdiction over the defendant.
The defendant may attack the complaint, claiming that it is defective for one or more reasons, by filing a demurrer, a motion to strike, or both.
In addition to appearing in the action and responding to the complaint, the defendant may file an independent action against the plaintiff or a new party. This is called a cross-complaint.
This chapter discusses the many different ways in which the defendant may take action. The defendant could also choose to ignore the complaint, allowing the plaintiff to take steps to enter the defendant's default.
Note: The answer and cross-complaint are addressed in Ch. 4 of LBTN; the demurrer and motion to strike are addressed in Ch. 6 of LBTN. They are all addressed in Ch. 9 of the Companion.