The Envelope Says Summons. Now a Clock Is Running.
Nearly everything written about California dog bite law is written for the person who was bitten. Very little is written for the family on the other side — the owner who just got handed a summons at the front door and has no idea that the most important thing about that document is the date on it. Ava asked attorney Michael Benavides what an owner needs to do first.
Ava Asks, Michael Answers — Being Sued Over a Bite, Plain English
Ava:
How long do I have?
Michael, Esq.:
If you were personally served with the summons and complaint, you generally have 30 days to file a responsive pleading. That is the whole ballgame. It is not 30 days to think about it or 30 days to hear back from your insurance company — it is 30 days to file something with the court.
Ava:
And if I miss it?
Michael, Esq.:
The other side can request your default, and then a default judgment. That means a judgment enters against you without you ever telling your side of the story, and without a judge ever hearing that the report said the bite was minor or that the person handled dogs for a living. Getting a default set aside is possible in some circumstances but it is difficult, expensive, and never guaranteed. The single most damaging thing an owner can do is nothing.
Ava:
The complaint says damages “in excess of the jurisdictional limit.” What does that actually mean?
Michael, Esq.:
It is a signal about which track the case is on. California civil cases are divided by amount in controversy. Small claims handles up to $12,500 for an individual. Limited civil now covers cases of $35,000 or less — that threshold was raised from $25,000 to $35,000 effective January 1, 2024. Anything above $35,000 is an unlimited civil case. So when a complaint pleads damages in excess of the jurisdictional limit to establish unlimited jurisdiction, it is signaling a claim over $35,000. Plaintiffs often plead it that way without committing to a number.
Ava:
Is that number real?
Michael, Esq.:
It is a pleading choice, not an appraisal. It tells you what the other side wants the case to be worth, which is not the same as what the evidence supports. Medical records, time missed from work, and the actual severity of the injury are what set value — not the sentence in the prayer for relief.
Ava:
What are my options for responding?
Michael, Esq.:
Broadly two. You can file an answer, which denies the allegations and raises your affirmative defenses — assumption of the risk, comparative fault, provocation, and so on. Or you can file a demurrer, which argues that even if everything in the complaint is true as written, it still does not state a valid claim. A demurrer is the stronger move when the defect is legal rather than factual, because it can end a count outright at the very start of the case.
Ava:
When is a demurrer the right call?
Michael, Esq.:
When the facts are not going to change and the law says those facts do not support the claim. If a recognized doctrine bars the theory the plaintiff has pleaded, that is a legal question a judge can resolve on the pleadings without discovery or trial. There is a procedural requirement worth knowing: before filing a demurrer, California law requires the parties to meet and confer, and that has to happen at least five days before the responsive pleading deadline. So the practical deadline for deciding to demur is earlier than the 30 days.
Ava:
What should I do the same day I am served?
Michael, Esq.:
Four things. Write down the exact date of service, because everything counts from that. Tender the claim to your homeowner's or renter's carrier in writing immediately. Preserve everything — texts, emails, photographs, veterinary records, and any animal control paperwork. And stop discussing the incident with the other party. Apologies and explanations sent after the fact have a way of turning up as exhibits.
Ava:
Should I just settle to make it go away?
Michael, Esq.:
Sometimes settlement is the sensible outcome, and there is no shame in it — defense litigation has real transaction costs, and a reasonable early resolution can beat winning slowly. But you should never decide that before anyone has assessed the defenses. Some dog bite complaints have serious legal problems on their face, and paying to resolve a claim that could have been dismissed is a bad trade. Evaluate first, negotiate second.
What to Do
If you have been personally served with a California dog bite complaint, you generally have 30 days to file a responsive pleading or risk a default judgment entered against you without any hearing on the merits. You can answer, raising affirmative defenses such as assumption of the risk, provocation, and comparative fault, or you can demur, arguing the complaint fails as a matter of law even if its allegations are accepted as true — keeping in mind the statutory meet-and-confer requirement that must be satisfied at least five days before the response is due. A prayer for damages “in excess of the jurisdictional limit” signals an unlimited civil claim, meaning more than $35,000 under the threshold raised effective January 1, 2024, but that is a pleading choice rather than a measure of the case's real value. On day one: record the service date, tender to your insurer in writing, preserve every record, and stop communicating with the other side about the incident. If a summons has arrived, an AnimalsXYZ consultation in Sacramento, Stockton, or Modesto should review it promptly, because the clock started the day you were handed the papers.
AnimalsXYZ by Caffeine Law | Michael Benavides, Esq., CA Bar No. 270714 | Sacramento, Stockton & Modesto | 707-362-4166 | attorneymichaelbenavides.com
ATTORNEY ADVERTISING. AnimalsXYZ is a content brand of the law practice of Michael Benavides, Esq., California State Bar No. 270714. Ava is an editorial brand voice, not an attorney; only Michael Benavides, Esq. provides legal analysis. General information only — not legal advice; no attorney-client relationship is formed by reading this. Response deadlines vary with the method of service and other circumstances; do not rely on the general timeframes described here for your own case. Information is as of mid-2026 — confirm current law and deadlines immediately. This article describes general California procedure only and does not reference any actual client or pending matter. Prior results do not guarantee a similar outcome.
