Pleading Timeline for California Superior Courts
Follow this guideline to understand pleading deadlines in California civil practice.
Let me give you a few caveats. One, it’s not exhaustive. Two, I don’t guarantee its legal accuracy. And three, the timeline governs the actions of both a plaintiff and a defendant.
1. File the Complainta. When or after filing the Complaint you can request a Writ of Attachment (CCP 484.010, 485.210(a), 492.020(a)) b. You can amend your Complaint once without leave of court before defendant files the Answer (CCP 472)
2. Within 60 days of filing the Complaint, serve the Complaint and file the Proof of Servicea. CRC 3.110(b)
3. Within 30 days of service of the Complaint, respond to the Complaint by doing one of the following:a. File a Motion to Quash Service of Summons (CCP 418.10) i. Within 30 days of filing the motion, it must be heard (CCP 418.10(b)) ii. Within 15 days after service of written notice of entry of order denying the motion, you must file the Answer (CCP 418.10(b)) b. File the Answer (CCP 412.20(a)(3)) i. Within 10 days after defendant serves an Answer, you can file a Demurrer or Motion to Strike the Answer (CCP 430.40) ii. You can file a Cross-Complaint against plaintiff before or with the Answer (CCP 428.50) c. File a Demurrer (CCP 430.40) i. Within 10 days of service of notice of the Court's ruling, you can file a response to the Demurrer (CRC 3.1320(g)) d. File a Motion to Strike (CCP 435) e. File a Motion of Change of Venue (CCP 396b(a)) i. Within 30 days after denial of the Motion, you must respond (CRC 3.1326)
4. Within 10 days after time for service of response has lapsed, file a Request For Entry of Defaulta. CRC 3.11o)