You Have Been Sued — Now What?
Being served with a lawsuit is disorienting, and the deadlines that follow move quickly. Under California law, a defendant generally has 30 days to respond to a complaint, and missing that window can result in a default judgment being entered against you before you have had any real opportunity to defend yourself.
RV Litigation Group PC represents private individuals, professionals, guarantors, investors, property owners, and business principals who have been sued and need immediate, strategic representation in San Jose, San Francisco, Palo Alto, Oakland, and throughout Santa Clara County and San Francisco County.
How We Assist
We help individuals respond quickly and strategically to a wide range of civil claims, including:
- Responding to complaints and amended complaints
- Answer, demurrer, and motion-to-strike deadlines
- Contract and personal-loan disputes
- Personal guarantees and business-related individual liability
- Fraud and misrepresentation allegations
- Property and ownership disputes
- Defamation and reputation claims
- Civil harassment and selected restraining-order matters
- Discovery, depositions, and motions
- Settlement negotiations and mediation
- Trial preparation
- Judgment enforcement and post-judgment defense
What the Law Says
Code of Civil Procedure 412.20 — Time to Respond
"...the defendant shall be required to appear and answer or otherwise plead to the complaint within 30 days after summons is served..." — California Code of Civil Procedure Section 412.20(a)(3)
The 30-day clock generally begins running on the date you are personally served, or a set number of days after service by other methods such as substituted service or mail. Extensions can sometimes be negotiated with opposing counsel, but there is no guarantee the other side will agree, so it is important to involve an attorney as early as possible.
Code of Civil Procedure 430.10 — Demurrer
A demurrer challenges whether the complaint, even taking its allegations as true, states a legally valid claim. Common grounds include failure to state facts sufficient to constitute a cause of action, uncertainty, and the existence of another lawsuit pending on the same claim. A successful demurrer can eliminate some or all of a plaintiff's claims before the case ever reaches discovery.
Code of Civil Procedure 473 — Relief From Default
If a default or default judgment has already been entered against you, California law provides a mechanism to seek relief based on mistake, inadvertence, surprise, or excusable neglect. This relief is discretionary and time-sensitive — courts generally expect a motion to be filed within six months of the judgment, and often expect prompt action once the defendant learns of the default. The sooner you act, the stronger your position.
Real-World Examples
These scenarios illustrate the kinds of matters we regularly handle for private clients:
A small business owner in San Jose personally guaranteed a commercial lease for her company's retail space. When the business closed, the landlord sued her individually for the remaining lease term. Counsel reviews the guarantee language, evaluates defenses related to mitigation of damages and the landlord's re-letting obligations, and negotiates a resolution that limits her personal exposure.
A Palo Alto homeowner is sued by a contractor alleging breach of a home renovation contract and seeking the full remaining contract balance. Counsel reviews the underlying contract, documents the contractor's incomplete and defective work, and asserts counterclaims for breach of contract and negligent construction.
An Oakland resident discovers a default judgment was entered against him after a lawsuit was served at an old address he no longer occupied. Counsel promptly files a motion to set aside the default under Code of Civil Procedure 473, arguing he never received actual notice of the lawsuit, and the court vacates the judgment, allowing the case to proceed on the merits.
An individual investor in San Francisco is sued by a former business partner alleging fraud and misrepresentation in connection with a private investment. Counsel evaluates the heightened pleading standard applicable to fraud claims, files a demurrer challenging the sufficiency of the allegations, and negotiates a favorable resolution once the plaintiff's claims are narrowed.
What's at Stake
Civil lawsuits against individuals can carry significant personal financial exposure. Here is an overview of common claim types we defend against.
| Claim Type | Governing Law | Potential Exposure | Response Deadline |
|---|---|---|---|
| Breach of Contract | Civil Code 1549-1701 | Contract damages, attorney fees if provided by contract | 30 days from service (CCP 412.20) |
| Personal Guarantee | Civil Code 2787-2856 | Full guaranteed amount plus interest and fees | 30 days from service |
| Fraud / Misrepresentation | Civil Code 1709-1710 | Compensatory and, in some cases, punitive damages | 3-year SOL (CCP 338) |
| Defamation | Civil Code 45-48 | Compensatory and presumed damages; punitive damages in some cases | 1-year SOL (CCP 340) |
| Judgment Enforcement | CCP 680.010 et seq. | Wage garnishment, bank levy, property liens | 10-year enforceability (renewable) |
How We Help
When you are sued, the first days matter. Here is how we approach private-client civil defense.
1. Immediate Deadline Management
The first priority is calculating and preserving your response deadline. We move quickly to file a responsive pleading — whether an answer, a demurrer, or a motion to strike — so you never lose the opportunity to defend yourself through inaction.
2. Insurance Review
Before assuming a claim comes entirely out of your pocket, we review any applicable homeowners, umbrella, business, or professional liability policies to determine whether coverage exists — and, if so, we help you tender the claim to your carrier.
3. Case Evaluation and Strategy
We conduct a thorough assessment of the claims against you, identify available defenses and counterclaims, and develop a strategy tailored to your goals — whether that means an early resolution, an aggressive defense through trial, or something in between.
4. Discovery and Motion Practice
We handle written discovery, depositions, and dispositive motions to build the strongest possible record and, where appropriate, to narrow or eliminate claims before trial.
5. Settlement and Mediation
Many civil lawsuits can be resolved short of trial. We negotiate from a position of strength, having prepared your case as though it were going to trial, which gives us leverage to secure favorable settlement terms.
6. Post-Judgment Defense
If a judgment has already been entered — including a default judgment — we evaluate whether it can be set aside, appealed, or negotiated down, and we defend against collection efforts such as wage garnishment, bank levies, and property liens.
Types of Private Civil Matters We Handle
Private individuals, professionals, and business principals are named in a wide range of civil lawsuits. Below are common matter types we defend against throughout California:
- Breach of Contract Claims
- Personal Guarantee and Loan Default Claims
- Fraud and Misrepresentation Allegations
- Property Line and Boundary Disputes
- Homeowners Association (HOA) Disputes
- Construction Defect Claims
- Defamation, Slander, and Libel Claims
- Breach of Fiduciary Duty Claims
- Partnership and Business Dissolution Disputes
- Debt Collection Lawsuits
- Civil Harassment Claims
- Probate and Trust Contests
- Quiet Title and Property Ownership Disputes
- Easement and Right-of-Way Disputes
- Judgment Enforcement and Debtor Examinations
- Nuisance Claims
- Vehicle and Property Damage Claims
- Wrongful Eviction Claims
- Elder Financial Abuse Allegations
- Small Claims Appeals to Superior Court
Frequently Asked Questions
Note the date you were served and do not ignore the deadline to respond. In California, a defendant generally has 30 days from the date of service to file a response to the complaint. Missing that deadline can result in a default judgment being entered against you without any opportunity to defend yourself. Contact an attorney as soon as possible so your response deadline can be calculated correctly and preserved.
It depends on the nature of the claim. Many civil lawsuits — including contract disputes, personal guarantee claims, and business disputes — are not covered by any insurance policy, which means the defendant is personally responsible for retaining and paying for counsel. Some claims, such as certain property or liability claims, may trigger coverage under a homeowners, umbrella, or business policy. We can help you review your policies to determine whether a claim exists.
An answer is a formal response admitting or denying each allegation in the complaint and asserting affirmative defenses. A demurrer, under Code of Civil Procedure 430.10, challenges the legal sufficiency of the complaint itself — arguing that even if everything alleged were true, it does not state a valid claim. A motion to strike, under Code of Civil Procedure 435, asks the court to remove improper or irrelevant portions of a pleading, such as an unsupported claim for punitive damages. The right response depends on the specific weaknesses in the complaint against you.
Yes. If you signed a personal guarantee for a business loan, lease, or line of credit, you can be held personally liable for the debt even if the business itself is a separate legal entity like an LLC or corporation. The specific terms of the guarantee — including whether it is a guarantee of payment or of collection, and whether it is limited or unlimited — significantly affect your exposure and defense options.
A default judgment is not necessarily the end of the case. Under Code of Civil Procedure 473, a court may set aside a default judgment for mistake, inadvertence, surprise, or excusable neglect if a motion is filed promptly — generally within six months of the judgment. The sooner you act after learning of a default judgment, the better your chances of having it set aside.
