Step 2:

Carefully Review the Complaint and Note the Deadline
Immediately after receiving a complaint, set aside time to read the “Complaint” thoroughly. Specifically, identify the plaintiff, the specific allegations (“causes of action”), and the damages they seek. Most importantly, note the court where it was filed (e.g., San Diego Superior Court). Then, circle the date of service on the “Proof of Service,” calculate your 30-day deadline, and mark this date prominently on your calendar.

Step 3:

Notify Critical Parties Immediately
Simultaneously, you must initiate a chain of notifications triggered by receiving a complaint. If the lawsuit relates to your business, professional practice, or a specific incident, you likely have contractual or legal obligations to notify others.

• Insurance Carriers: If your policy might cover the claim (e.g., general liability, professional errors & omissions, or auto insurance), your contract obligates you to notify the carrier immediately. Critically, a delayed notice after receiving a complaint can give them grounds to deny coverage. Therefore, locate your policy and call your agent or the carrier’s claims department at once.

• Business Partners or Co-Defendants: Similarly, if you are sued in a business capacity, inform your partners, LLC members, or corporate leadership promptly, as the group may need to make collective legal decisions.

Step 4:

Preserve All Relevant Evidence—Your Legal “Hold” Duty
Upon receiving a complaint, the law imposes a duty on you to preserve all potentially relevant information. This legal requirement, known as a “litigation hold,” means you must:

• Instruct all relevant employees or family members to save—and not delete—any documents, emails, text messages, photos, or files related to the lawsuit.

• Immediately suspend any automatic document-destruction policies.

• Securely preserve all physical evidence. Remember, destroying evidence after receiving a complaint can trigger severe court sanctions, including the potential to lose the case outright.

Step 5:

Begin a Confidential Internal Investigation (For Your Attorney’s Eyes Only)
Before discussing the case widely, begin a confidential internal investigation. To start, write down a timeline of events from your perspective, identify key witnesses, and locate relevant contracts or communications. Importantly, create these notes for your attorney’s eyes only, as they typically gain protection under attorney-client privilege only after you formally retain counsel.

Step 6:

Consult with a Litigation Attorney Immediately—The Most Critical Step
Finally, and most critically, you must consult with an experienced civil litigation attorney immediately after receiving a complaint. Do not wait until day 29. Remember, your attorney needs adequate time to analyze the complaint, investigate the claims, and draft a proper response. Therefore, bring your copy of the complaint and your initial notes to the consultation.

What Your San Diego Litigation Attorney Will Do Next
Once you retain counsel after receiving a complaint, your attorney will take over the strategic response. This process typically involves:

1. Filing an “Answer”: Your attorney will file your formal response to the court, admitting or denying each allegation.

2. Asserting Affirmative Defenses: Furthermore, your attorney will state legal reasons why the plaintiff’s claim should be barred or reduced (e.g., statute of limitations).

3. Considering a Demurrer or Motion to Strike: In some cases, if the complaint is legally flawed, your attorney may file a motion to dismiss it early.

4. Initiating Discovery: Next, the evidence-gathering phase begins, where both sides exchange information through interrogatories, document requests, and depositions.

Key Mistakes to Avoid After Receiving a Complaint

• Never discuss the case on social media or with anyone other than your attorney.

• Avoid contacting the plaintiff or their lawyer directly.

• Do not destroy any document, text, or email that could be relevant.

• Above all, do not miss your 30-day deadline to respond.