In order to sue an individual, business, government agency, or official in the State of California, an individual has to consider a number of issues, including:
- Being a natural person and having legal standing and legal capacity to sue;
- Deciding in which county and court the lawsuit may be filed, which means determining which court offers the appropriate venue and which court has jurisdiction;
- Drafting and filing an initial civil complaint that states the essential elements of an individual’s claim or dispute and the remedy sought;
- In a legally approved manner, a copy of the lawsuit is delivered to the individual or business that the individual has named as a defendant in the lawsuit.
Failing to meet any of the above requirements may result in the court dismissing the lawsuit. If an individual is suing a corporation and the corporation’s headquarters are located in California, or if the corporation has conducted business in California, the same steps will apply.
Once an individual has determined they have legal standing to sue and have filed their initial complaint in the proper court, they should notify the business of the lawsuit against them by serving a copy of their complaint on the registered agent for service of process in California. The registered agent of a corporation can be found by conducting a registered agent search with the office of the California Secretary of State.
How Do I Determine if I Have Legal Standing?
Legal standing means that an individual must have been harmed by the actions of the party whom the individual names as a defendant in the lawsuit. That harm cannot be prospective or something that may occur in the future.
The party named as the defendant in the lawsuit must have caused the harm. The harm must also be a type that is recognized by the law and for which the law provides redress.
An individual must also be a legal, natural individual or a valid legal entity in order to initiate a lawsuit. A natural individual is a living individual human who has certain responsibilities and rights under the law.
A governmental entity, corporation, or other type of business entity may be considered a legal individual in the eyes of the law. These parties may have standing to sue if they have suffered a legally recognized injury or harm.
An individual must also have legal capacity to be a party to a lawsuit. Examples of individuals who do not have legal capacity to initial a lawsuit include:
- Children under the age of 18;
- Individuals who the court determines are mentally incompetent due to:
- Illness;
- Age;
- Disability.
For example, an individual who has an intellectual disability may only file lawsuits through a legal guardian, called a guardian ad litem.
How Do I Choose the Proper Venue for Filing My Lawsuit?
Jurisdiction determines what state and court an individual should file their lawsuit. Venue is the county in which a party should file their claim.
Typically, venue is the county in which:
- The defendant, individual, or entity who is being sued lives or does business if an individual is suing a business or organization;
- Where the dispute arose, such as where an accident happened, where a contract was entered into, or where a contract was breached.
It may be possible that more than one county is an appropriate venue for the lawsuit. In California, cases that involve title to real property must be filed in the county in which the property is located.
How Do I Fulfill the Jurisdiction and Amount in Controversy Requirements?
There are certain types of claims that have to be filed with specific courts or agencies. For example, a workers’ compensation claim must first be filed with California’s Division of Workers’ Compensation.
Once a claimant has exhausted all of the administrative remedies, a trial court will have jurisdiction to hear the workers’ compensation claim. Jurisdiction involves three issues, including:
- Jurisdiction over the person;
- Subject matter jurisdiction;
- Amount in controversy.
Jurisdiction over the person
A court must have jurisdiction over the person or business entity named as a defendant in the lawsuit. In California, similar to other states, this is the court that has jurisdiction in the place where the individual lives or where the business is engaged in commerce.
In California, all of the Superior Courts have jurisdiction over an individual who lives anywhere in California or can be found in California, as well as businesses or organizations that do business in the state. Every California county has a Superior Court for the county.
Subject matter jurisdiction
Subject matter jurisdiction involves the type of case that a court has the authority to hear. The majority of Superior Courts in the State of California have general subject matter jurisdiction.
The only cases that Superior Courts in California are not permitted to hear are cases that must be heard in specialized courts, such as workers’ compensation cases and cases that involve a domain of federal law, for example, bankruptcy or immigration law.
Certain cases can or should be filed in a federal court. For example, if the party filing the lawsuit, the plaintiff, and the party who is being sued, the defendant, are from different states or nations, the case can be filed in either a California Superior Court or a United States District Court unless the amount in controversy is less than $75,000. In that situation, the case must be filed in a California Superior Court.
Amount in controversy
An individual who needs to file a lawsuit to recover $10,000 or less can file a small claims case in small claims court or a limited civil case in a superior court. A business can file cases that involve amounts in controversy of $5,000 or less in small claims court.
There are limitations to the types of remedies that parties can receive in small claims court. A type of lawsuit where a court determines the rights and obligations of each side must be filed as a limited civil case in a superior court.
A party would file the case as a limited civil case if the amount in controversy is $25,000 or less. The party would file the case as an unlimited civil case if the amount at issue is over $25,000.
There are numerous different types of unlimited civil cases, including:
Unlimited cases involve more than $25,000. These types of cases also include other types of disputes that do not involve money, such as:
- Cases to quiet or resolve and title to real property;
- Cases asking for civil restraining orders;
- Requests to change an individual’s name or a child’s name.
An attorney can help an individual understand venue and jurisdiction and choose the right court for the lawsuit to be filed. An experienced civil law attorney can also help an individual understand the basics of how to file a lawsuit.
How Do I File a Complaint?
A complaint is a formal legal document that outlines the factual basis for a party’s claim and requests compensation for their losses or another type of remedy, such as specific performance of a contract. In California, a complaint has to include a statement that clearly sets out an individual’s cause of action and states a demand for a remedy, sometimes referred to as the prayer for relief.
California provides pre-written form documents through various websites that help an individual draft a complaint for various types of lawsuits, for example, personal injury or breach of contract. Once an individual has drafted their complaint, they must then file it in the office of the clerk of the court and pay the required filing fee.
How Do I Provide Legal Notice to the Defendant?
Once an individual has filed their complaint with the clerk of the court, they are required to serve the defendant with a copy of the complaint, which can be done in one of the following ways:
Having a licensed process server deliver the complaint to the defendant or the defendant’s place of residence;
Sending the notice by certified mail to a corporation’s registered agent or another individual who has legal authority to receive such notices through the court.
It is important to make sure that a complaint is properly served because a lawsuit cannot proceed until proper service of process can be proven. Once service of process has been completed, the lawsuit has been legally filed and may proceed.
The defendant will then have 30 days from the time of service to file an answer. If the defendant does not respond within the required time frame, the plaintiff can file a motion for a default judgment.
If a default judgment is granted, the plaintiff can proceed to collect the amount of damages that were awarded in the judgment.
How Much Does It Cost to File a Lawsuit?
The cost of filing a lawsuit can vary depending on the court where it is filed, such as small claims court versus civil court. For more information on the costs of filing a claim, an individual can consult with a local attorney in California.
How to File a Lawsuit Without a Lawyer?
In a small claims case, an individual cannot have a lawyer. This means that small claims courts are representing themselves.
It is important to consult with an attorney prior to filing a lawsuit to ensure that it has some chance of success. The majority of bar associations have lawyer referral and information services that provide individuals with limited consultations with an attorney for a small fee.
Should I Hire an Attorney for Help with a California Lawsuit?
You might be considering filing a lawsuit. If so, it is important to consult with a California civil law attorney who can help you determine the proper place to file and whether your claim may be successful. Your attorney will help ensure that you complete all of the necessary steps when filing your lawsuit to avoid a dismissal.
Your lawyer can also help negotiate a settlement with the other party or represent you in court if necessary. An attorney will help you get the best possible outcome in your case.
