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What is the process for filing a lawsuit against a company or individual in California?

Picture of Chris Battis By   ·  1 minute read

The process for filing a lawsuit against a company or individual in California typically involves the following steps:

  1. Determine the Cause of Action: To begin, you must identify the legal basis or grounds for your lawsuit. This is known as the "cause of action." Common causes of action in California include breach of contract, personal injury, negligence, and fraud.
  2. Prepare and File the Complaint: The next step is to prepare and file a written complaint with the court. This document sets forth the legal and factual basis for your lawsuit and requests relief, such as monetary damages or injunctive relief. The complaint must be filed in the appropriate court and be served on the defendant(s).
  3. Serve the Complaint: After the complaint is filed, the defendant(s) must be served with a copy of the complaint and a summons. This is typically done by mailing the documents to the defendant(s) or having a process server deliver the documents in person.
  4. Wait for Defendant's Response: The defendant(s) must then respond to the complaint within a certain time frame, typically 30 days after being served. The response may include an answer admitting or denying the allegations in the complaint, or a motion to dismiss the lawsuit.
  5. Conduct Discovery: Once the defendant(s) has responded, the parties will engage in the discovery process. This involves exchanging information and evidence relevant to the lawsuit, such as documents, witness statements, and expert reports.
  6. Attempt to Settle: Many cases settle out of court during the discovery phase, as the parties have a better understanding of the strengths and weaknesses of their respective cases.
  7. Go to Trial: If the case does not settle, it will proceed to trial. The trial involves presenting evidence and legal arguments to a judge or jury, who will decide the outcome of the case.

It is important to note that there may be limitations or exceptions to this process depending on the specific facts of the case or the court jurisdiction. Additionally, it is always advisable to consult with an experienced attorney before filing a lawsuit or taking legal action.