What to Expect When You’re Sued in California – A Litigator’s Guide
By Christopher Brainard, Esq. – C.M. Brainard & Associates
Litigation Attorney Serving Southern California
Getting Sued Can Be Overwhelming — But You’re Not Alone
Whether it’s a business dispute, contract issue, personal injury claim, or civil lawsuit, being served with legal papers in California can feel like a punch to the gut. The good news? You have options — and the first step is understanding the process.
Step 1: You’re Served with a Complaint
In California, a lawsuit officially begins when you’re served with a Summons and Complaint. This means someone is suing you — and the clock starts ticking. You typically have 30 calendar days to respond.
Step 2: Hire a Litigation Attorney Immediately
The sooner you contact a qualified attorney, the better your position. A good litigator will evaluate the claims, look for weaknesses in the case, and start planning your defense. Never respond on your own — even a single sentence can hurt you later in court.
Step 3: File a Responsive Pleading
Your attorney will help you file a legal response, such as an Answer, Demurrer, or Motion to Strike. This is your opportunity to challenge the complaint or explain your side of the story — in the formal legal format the court requires.
Step 4: Discovery Phase
After both sides file their pleadings, the “discovery” phase begins. This is where your attorney will gather evidence, take depositions, and request documents from the other side. It’s also when many cases settle — if the strategy is right.
Step 5: Trial or Settlement
If your case doesn’t settle, it moves toward trial. A California civil trial may involve a judge or jury, and your attorney will need to present your case clearly and persuasively. A strong trial attorney can make all the difference.
Common Mistakes to Avoid:
- Ignoring a summons — leads to default judgment
- Trying to settle directly without counsel
- Admitting fault in writing or on social media
- Hiring a generalist instead of a litigator
Why Choose C.M. Brainard & Associates?
We handle lawsuits across Los Angeles and Southern California with a focus on business, real estate, personal injury, and civil litigation. If you’ve been sued — or need to sue — we fight smart, fast, and hard to protect your interests.
About the Author
Christopher Brainard, Esq. is a civil litigation attorney based in Bel Air, California. He represents individuals and businesses in lawsuits across Southern California and brings a results-driven approach to every case.
Visit www.LawBrainard.com or text (310) 266-4115 to request a case review.
Have You Been Sued in California?
Don’t panic. Call or text: (310) 266-4115
Website: www.LawBrainard.com
Experienced. Strategic. Fearless Litigation Counsel.