Legal Question in Business Law in California

Re: amending a compliant change the date of commencement?

Amending a complaint re-starts the clock. I don't know what kind of suit carries a 21-day response time limit, however; 30 days is usual except in unlawful detainer suits. Furthermore, the response time clock doesn't run from the time of filing; it runds from the time a proper service of process is accomplished, and your request for entry of default and default judgment must be preceded or accompanied by the process server's proof of service. There could be some highly specialized type of proceeding in which 21 days is allowed, but not one I've ever heard of.

Re: amending a compliant change the date of commencement?

Amending a complaint re-starts the clock. I don't know what kind of suit carries a 21-day response time limit, however; 30 days is usual except in unlawful detainer suits. Furthermore, the response time clock doesn't run from the time of filing; it runds from the time a proper service of process is accomplished, and your request for entry of default and default judgment must be preceded or accompanied by the process server's proof of service. There could be some highly specialized type of proceeding in which 21 days is allowed, but not one I've ever heard of.