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How to Sue in California
If you want to file a lawsuit in California, one of the most important early questions is the amount in controversy: how much money are you seeking in damages, or what is the value of the property in question?
If the amount in controversy is less than $7,500, you will generally sue in small claims court. In small claims court, parties are not allowed to be represented by attorneys, and the procedural rules and rules of what can be admitted as evidence are relatively simple and informal. The system is designed so that the parties can reach a final resolution of their matter very quickly.
If the amount in controversy is more than $7,500, things become more complex. In such a case, you will be filing your lawsuit in the California Superior Court. However, different types of actions have different rules associated with them. There are 2 basic types of civil cases that can be filed in the California Superior Court: limited civil cases and unlimited civil cases.
A limited civil case is basically one in which the amount in controversy is less than $25,000 but more than $7,500. An unlimited civil case is one in which the amount in controversy is over $25,000. As a practical matter, the procedure in filing either of these lawsuits is quite similar. However, in writing your complaint, you should note that the amount of money you seek can change the nature of the lawsuit between a limited and unlimited civil case. If your case is classified as unlimited, you are not allowed to seek certain forms of relief. However, if you are only seeking monetary damages not exceeding $25,000, the distinction is largely irrelevant.
Once you have determined what type of lawsuit you are filing, you should write a complaint. In California, your complaint must include the specific facts that constitute the legal wrong you have suffered. You do not have to prove any of these facts at this stage, however. You only need to allege facts which, if taken as true, would entitle you to legal relief. Once your complaint is written, you must file it with the clerk of the court. The address of every Superior Court in California can be found here.
Your complaint must also include a demand for the relief to which you believe you are entitled. This is called the “prayer” and is the last item in the complaint.
A written complaint is not always necessary. In California, many pleadings can be made through pre-written forms, known as “Judicial Council Forms.” Complaints for many different causes of action can be filed using these forms, rather than writing one from the ground up. These forms can be found at the California Courts website.
Once you have filed your complaint with the court, you must serve the defendant with a copy of the complaint. This usually means personally delivering the complaint to the defendant. The complaint must be delivered by a third party who has no direct stake in the outcome of the lawsuit. To ensure that service is done properly, you should hire a licensed process server. However, this is not absolutely necessary. But it is important to make sure that the person serving the complaint is someone you trust, since improper service can delay, or even derail, a lawsuit.
Once these steps have been completed, the lawsuit has been filed, and may proceed.
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