How to File a Lawsuit in California
In California, you can sue for a wide range of legal issues. Whether you’re interested in suing an individual, the government, or a business, you need to know how to file a lawsuit in California before you can get started.
Today, we’re taking a closer look at three starting places so you know how to file a lawsuit in California.
How to File a Lawsuit in California
In the State of California, it is possible to file a civil suit against an individual, a business, or an organization. With nearly 15 million civil torts filed in the US every single year, it’s clear that Americans believe in this trusted and ancient method of resolving conflicting claims.
But figuring out how to sue, and following the civil tort process, isn’t always straightforward, especially in California. Guidelines that ensure fairness and justice for all involved parties can make cases extremely complex.
Considering filing your own lawsuit? We can’t tell you whether you will succeed, but we can help you better understand how to navigate the California Courts. Here’s how to file a lawsuit in California.
Before You Start: Legal Standing and Identifying the Right Parties
Do you have the legal right to sue? You might be surprised to learn that, while the law does make it possible for nearly anyone to sue, there are a few exceptions.
Legal Capacity
Speaking without regard to case specifics, you must be a natural person with legal capacity in order to sue. That typically means you are 18 years of age or older and legally able to make decisions for yourself.
If you are under 18, you can apply to have a guardian ad litem assigned who can represent your interests. Start by filling out an Application and Order for Appointment of a Guardian Ad Litem — Civil (Form CIV-010).
There are certain exceptions that exempt people from having legal capacity. Extreme mental illness, physical illness, or dementia, for example, may lead to someone having their legal capacity assigned to the guardian. In cases like these, it’s best to speak with a lawyer to determine the right path forward.
Legal Standing
An individual has legal standing to sue, from a general aspect, if they have and maintain legal capacity – i.e. they are considered mentally competent and within the age of majority, or they are at least represented by a guardian ad litem.
Only a “legal entity” can sue another party. An individual with legal capacity qualifies as a legal entity.
Businesses, especially corporations, are also considered “legal entities.” Thus, an individual may sue a corporation, and a corporation can sue an individual. Both parties have legal standing to sue.
In some cases, business partnerships, non-profits, and even groups of citizens may be considered legal entities. This is common in the case of class action lawsuits, where a single individual may represent thousands of plaintiffs.
Other variables may affect whether or not you have a legal standing to sue; these are most often determined by case specifics. For example, if you witness a vehicle accident from the sidewalk, you would not have a legal standing to sue because you didn’t experience damages.
If you were struck by a drunk driver and injured, on the other hand, you would have a legal standing to sue because you were directly affected.
Determining legal standing is very difficult, and often, highly case-specific. It’s best to speak with a lawyer before you move forward.
If You’re Filing a Small Claims Court, Start Here
If you’re dealing with a relatively small legal matter, you may want to consider suing in small claims court. You can file a variety of small claims court in California. Start by documenting all evidence and information. Keep these documents in a safe place in case you are asked to provide them to the courts.
Visit Your County Clerk’s Office
During your visit, you’ll be asked to fill out several forms identifying the plaintiff (you), the defendant (the entity you are suing), and the amount (or type, if non-monetary) of compensation you’re seeking. Note that you must be able to provide the address of the person you are suing as well as their legal name and identity.
There is an approximate $80 fee associated with filing a small claims court case in most counties within the state of California. You must pay this fee at the time you submit your case, but you can ask the judge to include it (court costs) if you are awarded compensation.
Serving the Defendant
As a plaintiff suing in small claims court, you have a legal responsibility to serve the defendant with court papers after you file your case. Papers must be delivered by certified mail, via a local sheriff, or via a private process server. You can also hand-deliver the papers yourself, in person, but this is rarely wise.
Once the defendant has been served, the case will proceed through the court system. This can take anywhere from a few weeks to a few months.
If You’re Filing Against the Government, Start Here
If you are filing a case against the government, the process for filing a lawsuit is very different. These cases fall under the California Tort Claims Act, and must be filed no more than six months after you experience damages.
Sovereign Immunity
The government of California falls under “sovereign immunity” laws, which protect it from the vast majority of lawsuits. However, there are a few exceptions, such as if the government entity fails in their duty of care on-site, causing dangerous conditions for citizens (a wet floor at your local courthouse). You can also sue if a government employee causes you harm (e.g., a clerk steals your credit card information during an everyday transaction, abusing it for their own use).
Filing Against the Government
Start by identifying the overseeing department or agency; then, contact their governing board or clerk. You will be asked to fill out a claim form; this form may be extensive. Be as detailed as you can as the more information you provide, the higher the chance your case will succeed.
Once the agency or department’s clerk approves your claim, the case will begin to proceed through court.
If You’re Filing Against a Business, Start Here
In the state of California, businesses fall into three specific categories: sole proprietorships/partnerships, corporations, and limited partnerships. Any of these entities are, for the purposes of a lawsuit, considered “legal entities,.”
In the case of sole proprietorships, you follow the same basic guidelines for suing any other individual – with one exception. When you identify the defendant, you should identify both the person and the name of their business as “Jane Doe dba (doing business as) Jane’s Baking Company.”
If you are suing a partnership, identify the names of both partners when you file a claim at your local county clerk’s office.
If you aren’t sure of the exact legal name of the business, or if you know the name of the business, but aren’t sure who represents it, you have options. Your county clerk’s office can look it up for you upon request.
If you are suing a corporation, the process for filing a lawsuit starts by identifying the corporation’s service of process agents (legal representative). To get this information, search for the business name on the California Secretary of State’s Business Search portal.
Next, head to your county clerk’s office and let them know you want to file a claim. Be sure to indicate if you are suing a corporation; in some cases, forms for filing may differ. Fill the information out to the best of your ability using the legal entity’s name and process agent’s information.
Once you file your lawsuit, you will need to serve the business. Instead of serving an individual, you serve the process agent for the business. Once the business has been served, the case will begin to proceed through court.
Conclusion
Now that you know how to file a lawsuit in California, you can move forward informed.
California’s civil tort system can be extremely helpful to both people and businesses, but it can also be confusing and stressful to navigate. Working with a lawyer will significantly reduce this stress while also increasing the chances for a successful win.
Are you in search for a certified attorney to represent you?
Let us help you find one today!