For those who may have little or no exposure to litigation, we have prepared a brief outline of the anatomy of a lawsuit for your review. INTRODUCTION TO LITIGATION
In California, the proper court is determined by the total amount of damages you are claiming in your suit. There are only two California state courts: the Small Claims court and the Superior Court. If the total amount to be claimed is $5,000 or less, then Small Claims court is available to you. If more, you must file in the Superior Court. If your total claim is $10,000 or less, your Superior Court case is designated as a "Limited Civil Case"; if your total claim exceeds $10,000, your Superior Court case is designated as an "Unlimited Civil Case". An Unlimited Civil Case has no dollar limit as to the amount which you may claim or be awarded. THE SMALL CLAIMS COURT If yours is a Small Claims case, you cannot be represented by a lawyer when in court. You may certainly discuss your case with a lawyer but your lawyer cannot speak on your behalf before the judge. You, the plaintiff, must present your case to the judge in person. Something to think about: if your claim exceeds the Small Claims limit by not too much, you should consider reducing your claim to $5,000 and representing yourself. Legal fees could easily take several thousand dollars. Talk to your lawyer before making the decision, but do think about it. Click here and you will be directed to a full description of what a small claims case is and how that particular court functions. THE SUPERIOR COURT When represented by a lawyer you are in the Superior Court of California. Superior Court cases are what lawyers mean when they talk of "civil litigation". Every case in a California state court which is not a small claims case, is heard in the Superior Court. Whether the heart of the matter is breach of contract, personal injury, divorce, civil rights, a criminal offense or whatever else you can think of, it is in the Superior Court. LIMITED vs UNLIMITED CIVIL CASE In addition to the dollar limitation - more or less than $25,000 - there is another major difference between a limited and an unlimited case. There is a limitation not only in dollars but also in discovery. (Discovery refers to demands for documents to be produced, written questions demanding written answers and the deposing of parties and witnesses.) Limited cases may have but one deposition per side and not more than 35 demands for documents, answers to questions et al, in the aggregate. Unlimited civil cases are essentially unlimited as to the quantity of discovery. Cases having thousands of pages of documents are not unusual. ANATOMY OF A LAWSUIT Lawsuits follow fairly consistent, broad procedures. Understanding the procedure, or process, is key to feeling comfortable about what's happening and what's likely to happen next. The steps in most disputes are as follows: 1. a summons and complaint are prepared by the plaintiff, filed with the court and copies are served on the defendant; 2. generally, the defendant has 30 days to prepare, file with the court and serve an answer to the complaint 3. alternatively, and prior to filing an answer, the defendant may file a demurrer to the complaint, alleging the complaint is technically deficient and the case should be dismissed or, more likely, the complaint should be re-written more precisely; if a demurrer is denied, the court orders the defendant to file an answer within so many days, usually 15 or 20 days; if granted, the court usually grants the plaintiff time to amend the complaint in accordance with the court's order 4. Unless dismissed, the defendant must eventually answer and may file a cross-complaint against the plaintiff at the same time 5. Discovery typically begins shortly after the answer is filed. Discovery is tedious, time-consuming and, thus, expensive. Nevertheless, it is the policy in California that discovery be used: to gather facts concerning the case; in order to narrow the issues by such fact gathering; which thereby facilitates trial and, perhaps, settle-ment by enabling each side and their attorneys to better evaluate their case against the other party. There are several principal forms of discovery: INTERROGATORIES written questions requiring complete, written answers;
6. Throughout the process, there are several status conferences between the judge and each party's attorneys. The purpose of such conferences is for the judge to determine if there is a chance for settlement and, alternatively, to make sure that all parties are diligently pursuing discovery so as to be prepared for trial when the time for trial is at hand. 7. Similarly, throughout the pre-trial process, there are usually various motions made to the court. A motion - a demurrer is a motion for example - is a written request of the court for an order to be imposed on the other party. The other party typically submits a written opposition to the motion. A hearing is scheduled before the judge who decides whether to grant or deny the motion. Often, the court's ruling is available a day in advance of the hearing; these are called tentative rulings. Almost always the "tentative" is the final decision but the party which has been denied its request by the tentative ruling is always allowed to be heard by the court at the time scheduled for the hearing. The court cannot disallow a party the opportunity to be heard; each party is allowed its "day in court". 8. The trial is the final step in the process. It's format is deceptively simple. The plaintiff's lawyer makes an opening statement; the defendant's layer makes an opening statement. The plaintiff then begins to present witnesses and evidence. In lawyer talk, it's known as putting on the "case in chief". The defendant's lawyer then makes his defense by presenting the testimony of defense witnesses and other evidence introduced for the court to weigh and balance. Each side makes a closing statement and the case then goes to the judge or jury for decision. Simple as that.
ANSWER: the defendant's written response to plaintiff's complaint; failure to answer generally results in a default judgment for the plaintiff COMPLAINT: the plaintiff's written request to the court outlining grievances against the defendant and asking for some remedy or relief CROSS-COMPLAINT: the defendant's written request to the court outlining grievances against the plaintiff and asking for some remedy or relief CROSS-COMPLAINANT: the party who files a cross-complaint; generally the original defendant CROSS-DEFENDANT: the party against whom a cross-complaint is filed; generally the original plaintiff DEFENDANT: the party against whom the plaintiff files the original complaint DEMURRER: a motion asking the court to dismiss the complaint or part of the complaint based on a legal deficiency; must be made before an answer is filed DISCOVERY: the seeking of facts pertinent to the case FILED: written documents submitted to the court presenting grievances or requesting the court impose an order on the other party MOTION: a written request to the court for an order PLAINTIFF: the party who filed the original complaint SERVED: after a document is filed, a copy must be delivered or mailed to the other parties to the case; all parties must have notice of all requests of the court SUMMONS: on the filing of a complaint, the court issues its summons notifying the other party of the complaint and informing that it has so many days (30) to answer the complaint TENTATIVE: a court's initial ruling on a motion; tentative's may be changed after the court has heard oral argument by the parties
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