How To File A Civil Lawsuit In Los Angeles

TL;DR:

• Filing a civil lawsuit in Los Angeles begins with drafting a complaint and submitting it to the correct superior court division.
• The complaint must include a Civil Case Cover Sheet, Summons, and filing fees.
• Time limits vary by claim, e.g., 2 years for personal injury claims and 4 years for written contracts.
• Service of process, discovery, and a Case Management Conference follow.
• Understanding jurisdiction, form requirements, and timelines can prevent costly mistakes.

Filing a civil lawsuit in Los Angeles involves strict legal procedures, tight deadlines, and detailed paperwork. Before stepping into court, you need to know whether your claim qualifies as “limited” or “unlimited.” This decision affects your fees, court track, and strategy.

This guide breaks down each step, allowing you to act with clarity and purpose. Let’s walk through every critical step from filing to serving to preparing for trial.

The Basis For Your Civil Lawsuit In California

To properly begin a civil lawsuit in California, you must understand what legal wrong you’re alleging and how California law classifies your claim. Each type follows its own rules and deadlines.

Each type of civil lawsuit comes with different statutes of limitations, evidentiary burdens, and courtroom expectations. Knowing your case type enables proper planning, including court filings, timelines, and legal strategy.

• Breach of contract: 4-year deadline for written contracts (CCP § 337), 2 years for oral (CCP § 339).
• Personal injury: 2 years from the date of injury or discovery (CCP § 335.1).
• Property disputes: May involve quiet title actions or partition suits.
• Business or commercial claims: Unfair competition under Business & Professions Code § 17200, fraud, or partnership disputes.

Now, let’s move to jurisdiction and court selection.

Proper Court & Jurisdiction In Los Angeles

Where you file your case matters, the wrong venue can delay or even derail your claim. Jurisdiction determines not just location, but also the procedures that follow your initial filing.

Limited Vs. Unlimited Jurisdiction Rules

Jurisdiction divides civil cases into limited or unlimited, based on the value and nature of the claim. Misclassifying your case can result in procedural issues, delays, and additional filing fees.

• Limited Civil: $10,000–$35,000.
• Unlimited Civil: Over $35,000.

Proper Venues

Venue rules under CCP § 395 typically place the lawsuit where the defendant resides or where the dispute originated. Pick the proper courthouse for your claim and amount in controversy to avoid unnecessary complications and jurisdictional motions.

Once you have set up, begin preparing your documents.

Preparation Of The Civil Filing Documents

Civil lawsuits require specific paperwork, errors can lead to delays, rejections, or missed deadlines. Prepare every document carefully before submitting it through the Los Angeles e-filing system.

Core Forms For Filing Your Lawsuit

Filing starts with the correct forms: no room for guesswork. Each required document serves a specific purpose, and missing one can compromise your case from the outset.

• Complaint (custom-drafted or Judicial Council form).
• Civil Case Cover Sheet (CM-010).
• Summons (SUM-100).
• Statement of Damages (CIV-100) if damages aren’t specified.
• Case Management Statement (CM-110) later in the process.

Attachments To Include

Include attachments such as contracts, declarations, invoices, and email records. You must submit all filings in the Los Angeles Superior Court electronically unless otherwise exempt. Getting your documents right puts you in a position of strength, now it’s time to notify the other side.

Properly Serve The Defendant

The legal process begins not when you file, but when the defendant is served correctly in CCP § 415.10 et seq. Service of process must meet strict requirements, or your case may be dismissed or delayed.

Methods To Serve Legal Documents

Serving legal documents correctly isn’t just about paperwork, it’s your obligation under California law. Defendants must receive notice, and you must prove it to the court.

• Use a registered process server, sheriff, or any adult who is not a party to the proceeding.
• Serve Summons, Complaint, and Cover Sheet.
• File Proof of Service (POS-010) with the court.

What Comes Next

If you miss the 60-day window to serve, the court may issue an Order to Show Cause or dismiss your complaint under CRC Rule 3.110. After the service, the clock starts for the defendant’s response.

Defendant’s Response & Case Management Conference

Once served, the defendant has a limited time to respond. Your next job is preparing for the Case Management Conference, an early court checkpoint to set your litigation path.

How The Defendant May Respond To Your Lawsuit

Every lawsuit requires a response from the opposing side. How the defendant responds will influence your strategy moving forward, and could even lead to an early resolution of the case.

• Answer: Admits or denies allegations.
• Demurrer: Argues the complaint is legally insufficient.
• Motion to Strike: Attempts to eliminate improper claims.

What Deadlines To Follow

The deadline is 30 days from service (CCP § 412.20(a)(3)). File your Case Management Statement (CM-110) at least 15 days before the conference, which typically occurs within 4–6 months.

Once you’ve passed the CMC, the real work of litigation begins: gathering evidence and developing a strategy.

Use Discovery To Build Or Defend Your Case

Discovery is where civil cases are won or lost. It’s your chance to uncover facts, expose weaknesses, and test your opponent’s claims before trial.

The discovery process lets both parties inspect evidence, ask questions, and prepare witnesses. You must use these tools strategically, and lawfully, to gather information.

Types Of Discovery Tools

Here are the discovery tools you can use depending on the information you need:

• Interrogatories: Written questions requiring written answers.
• Requests for Admissions: Bind parties to factual claims.
• Document Demands: Produce relevant emails, contracts, and records.
• Depositions: Oral questioning under oath.

Requirements Of A Discovery Tool

All discovery motions require a good-faith “meet and confer” effort (CRC Rule 3.724). Misuse or avoidance can lead to sanctions. Once discovery closes, it’s time to evaluate settlement.

Settle The Dispute Or Prepare For Trial

A case doesn’t need to go to trial to reach justice. Courts encourage resolution through settlement or mediation, which can reduce cost, stress, and risk.

Negotiation can occur at any stage, but becomes especially important after discovery. Use what you’ve learned to guide your strategy.

• Mediation: Voluntary or court-ordered under CCP § 1775.
• Judicial Arbitration: Applies to cases with a value of $50,000 or less.
• Settlement Agreements: Dismiss the case (CIV-110) or ask the court to retain jurisdiction (CCP § 664.6).

Whether informal or through a formal session, settlement avoids trial and lets you retain control of the outcome. However, if there is no deal, the trial becomes the final step.

Trial In Los Angeles Superior Court

A trial is the culmination of months of filings, hearings, and discovery. You must be ready to present your evidence clearly and forcefully to the judge or jury.

Trial Process & Presentation In Civil Court

Trial preparation requires serious logistics and strategic planning. Winning isn’t just about the law, it’s about storytelling, organization, and attention to procedural detail.

• Motions in Limine: Exclude prejudicial evidence.
• Trial Briefs: Outline legal theories and evidence.
• Witness Lists & Exhibit Binders: Organize and file before trial.
• Bench or Jury Trial: You may elect either in civil cases.

Outcome Of The Trial

Once evidence is presented and the judge or jury rules, you either win your relief or begin post-trial motions or appeal. Let’s wrap up with what happens after judgment.

Judgment, Collection & Appeal Options

Winning in court isn’t the end. You must still collect what the court awarded, or challenge an unfavorable ruling through the appellate process.

Post-Trial Enforcement Or Appeal Routes

After judgment, the law provides tools for both enforcement and review. Timing is strict, act promptly to protect your rights.

• Collect Judgment: Wage garnishment, bank levies, or liens.
• Appeal: File notice within 60 days under CRC Rule 8.104.
• Post-Trial Motions: Seek new trial or reconsideration (CCP § 657).

The right next step depends on whether you won, lost, or settled. Civil litigation is a marathon, but every phase is crucial in achieving your goals.

FAQs About Filing A Civil Lawsuit In Los Angeles

Civil litigation is challenging, and it’s normal to have questions before filing a lawsuit. Here are three of the most common ones we hear from clients considering litigation in Los Angeles.