Legal Question in Business Law in California

Re: lawsuit response time

Your process server should give you a proof of service (POS) showing the time, place and manner of service, and when the defendant is an organization, the identity of the person who accepted service and their capacity (i.e., vice-president, agent for service of process, office manager, receptionist, etc.) The defendant, if properly served, has 30 days from the date service was effected to file a responsive pleading such as an answer (most common), demurrer, motion to quash, etc.

If there is no responsive pleading on file by the 31st day, you can file a request for entry of default of the prescribed Judicial Council form, which also contains a limited amount of guidance on how to fill it out and give notive to the other side. Filing a request for default must be accompanied or preceded by your filing of the POS, showing the court clerk that 30+ days have elapsed and that you are entitled to take the default.

Going into the effect of a default is beyond the possible scope of this answer, but in the simplest terms it may cut off the defendant's further rights to defend and entitle you to a judgment. The clerk can issue you a judgment if the amount due you is evident or readily ascertainable from the "face" of a contract complaint.

Re: lawsuit response time

Gee whiz, you have now discovered there is more to pursuing a lawsuit than just filing a complaint and serving it. As attorney Whipple says, after 30 days from the date of service, you can apply for entry of default. But employers are not stupid. If you get no response after 30 days this means you have fouled up your pro-per lawsuit so badly (for example by not naming the proper entity as defendant) that even a default judgment won't help you. More likely, their lawyers will respond to the lawsuit and swat you away like a gnat, leaving you to pay their court costs. Now would be a good time to consult a lawyer!

Re: lawsuit response time

You need to learn, and quickly, that there are numerous time schedules and procedures you must follow in a lawsuit. There are also numerous pleadings you will have to properly prepare during the course of this litigation. If you aren't willing to research and learn all the things required, and how and when to do them, you should hire counsel to keep your case from being damaged or dismissed because of your lack of knowledge. If you insist on trying to do this yourself, up against experienced counsel that will take advantage of every mistake you make, and with a judge that will hold you to the same standards as the attorneys in his courtroom, you'd better head to the law library and spend a great deal of time studying what you're supposed to know. Lawyers go to school for several years of law school and then train with other lawyers to learn these things, you'll have to do it on your own. How much time are you going to devote to becoming competent? By the way, no one at the court is allowed to help you or give you advice, so you're on your own once you walk through the door.

On your question, they have 30 days to file pleadings. You must learn what to do next. It is highly unlikely they will fail to Answer, so get prepared for the fight, that is what litigation is: a battle.

If the case is in SoCal, and if you get serious about having counsel to do it right, feel free to contact me.