How to Sue a Company in California
How to sue a company? If this is a question of yours, then know that it’s a challenge to be ready for, which means seeking legal assistance.
Read further for all the details.
Introduction
Unless you are severely accident-prone or practice deviance for a living, suing companies for fun is not something most people enjoy. Lawsuits are time-consuming and tedious – and they don’t always give you the desired outcome you are looking for. The capacity in which you come in contact with a company – whether an employee, a customer, a vendor, or someone else – does not mean you did so with the intention of getting injured in a way that would leave you with little choice but to sue the company involved.
Sometimes things just happen. And, even if you are someone who has never thought about suing a company, you may one day find yourself in the position of needing to. Maybe your medical bills are piling up. Maybe your life has been devastatingly altered. Maybe you fear that someone else could suffer the same setbacks as yourself if you don’t do anything.
Whatever the reason, you have found yourself here. So, how do you sue a company? Let’s talk about it.
Common Reasons Why Companies Get Sued
There are many reasons why companies get sued. Here are a few of the most common lawsuits filed:
- Customer harm as a direct result of using a company’s product, primarily due to defect.
- Breach of contract.
- Employees accidentally damage your property, such as your car in the parking lot, while performing their job functions.
- Injured because of a car accident caused by a company’s employee
- Customers are harmed due to failure to maintain the property’s safety, such as a slip and fall on a wet floor.
- Copyright infringement.
- Negligent employees who, while performing work duties, fail to do so properly resulting in the injury of another individual or individuals.
- Employee discrimination, wage and/or hour law violation, or wrongful termination
- The company misled the public, such as due to the company’s financial situation.
Do you find yourself dealing with any of these issues? If your reason for wanting to sue a company is not listed, don’t fret. This list is not exhaustive – and you may most definitely have a legitimate reason for suing. Speak to an attorney to get a clear definition of the law and your rights.
Determine the Type of Business
Before you can sue a business in California, you need to determine what kind of business it is. There are 3 main types:
- Sole proprietorship or partnership
Suing a sole proprietorship means that you are filing the lawsuit directly against the person running the business. In other words, if Jane Jones opens up a company called Stitch ‘n Fix, then you would sue Jane Jones. And, therefore, the defendant listed in your lawsuit would be: Jane Jones D/B/A Stitch ‘n Fix. Suing a partnership differs only in the fact that you would need to have the names of the partners. The law states that each partner is responsible for legal obligations.
If you aren’t sure who the owner is or who the partners are, check with the county clerk and/or recorder’s office. They will have a list of all fictitious business name statements that can help you gather this information.
- A corporation
If a corporation is the subject of your lawsuit, then you will be filing the lawsuit under the corporation’s legal name – not the individual owner or partners as the corporation itself is a separate legal entity. You will, however, need to have the name of the corporation’s registered agent that will accept service of process. You can get this information by visiting the California Secretary of State’s Business Search portal online. So, while your defendant will be the corporation itself, the lawsuit and various pleadings will be served to the registered agent listed.
- A limited partnership
Suing a limited partnership is comparable to suing a corporation. Therefore, you will follow the general procedures listed above.
Determine the Proper Venue
Choosing the venue for filing your lawsuit is important. Otherwise, you may find yourself needing to re-file it again in the proper location. So, how do you determine what the proper venue is? Well, in California, the proper venue to file your claim is typically where:
- You live or where you conduct business.
- The defendant lives or has his/her principal business location.
- Most all of the witnesses or facts concerning the case are.
- The incident for the basis of the claim took place.
Lawsuits are not always cut and dry. Believe it or not, it is not uncommon for there to be more than one possible venue in which you can file the lawsuit. With the help of an attorney, you can determine the best place for your case.
Meeting the Jurisdictional Requirements
You now know who you are suing and where you are suing them. Now you need to determine the jurisdiction. This refers to the court that has the authority to rule on the legal issues and render a judgment. If you file your lawsuit in the improper court, they will immediately dismiss your case for jurisdictional issues since they do have the authority to handle it.
California has two types of trial courts, small claims and superior. Most cases will be heard in these courts. Here’s how you decide the right court for you:
- Small Claims Court hears cases that are filed with a claim of less than $10,000.00.
- California Superior Court most often hears cases with claims between $10,000.01 and $25,000.00. However, they may also go above this amount.
Again, reviewing your case with an attorney can ensure you are filing your claim in the right jurisdiction.
Hiring an Attorney
Do you have a case that you would like to file against a corporation? If so, then don’t hesitate to hire an attorney. Whether you are going up against a small company or a giant corporation, it is important to know that they will be represented by counsel. And, because they don’t want a tarnished name or ugly press, they are going to be ready for a fight.
Allow yourself to be represented, too, so that you know your case is handled appropriately – and with your best interest in mind – from the very beginning.
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