Civil case basics
There are many reasons someone may sue someone for money
The case could be about a contract dispute, damage to property, injury to a person, credit card or other debt, work-related disputes, and more.
This guide will give you the general steps that apply to these types of civil cases. It also gives you some specific information about some of the more common reasons someone may go to civil court, like property damage, contract disputes, personal injury, and employment cases.It also has instructions if you're sued for a debt, like credit card or medical debt.
There are other types of civil cases. Learn more
Civil cases often involve money. But they can also involve things like:
- Asking the court to stop a person or a business from doing something (called an injunction) or ask them to do something
- Asking the court to make an order that sets out the obligations and rights of each party (called declaratory relief)
These are complicated types of civil cases. They don't have pre-made forms you can use and the law can be difficult to explain and understand. This guide does not cover these types of civil cases. Talk to a lawyer for more information if you think you need to start one of these types of civil cases.
There are other types of legal cases also handled in civil court. For example, family law, probate court, name changes, gender recognition, and evictions. You can find more about these types of cases in the Self-Help Guide.
There is no limit to how much you can sue for in a civil case
Civil cases are divided into two main categories generally by how much money they involve. The procedures are a little different between the two main types:
For lawsuits for $12,500 or less, the person suing (plaintiff) may be able to file in small claims court instead. Business entities, like a corporation, can sue for up to $6,250 in small claims court. If you're suing about COVID-19 rental debt, there is no limit to how much you can sue for in small claims court.These cases are typically faster, less complicated, and less expensive than a limited civil case.
Find out more about thedifference between a limited civil and small claims case.
Civil cases can be complicated, so you may need legal help
A civil case has many laws and procedural steps you must follow
For example, you will need to follow, theCode of Civil Procedure, California Rules of Court, and your court's local rules. Often, there are no court forms to use that can help you make sure you have all the information you need.This Guide covers the general steps to follow, but it does not cover all the laws and rules you will need to know and follow.
Any mistake, even a small one, can mean that your case is dismissed, you lose, or in some situations even that you may have to pay for the other side’s lawyers' fees and costs.
Where you can get legal help or information that you will need
Sometimes, if you start or respond to a case on your own, you may find later in your case you do not know what to do next. You may be able to find a lawyer who can help you just with the parts that are more challenging for you to do on your own. Your court's Self-Help Center may have resources for you.
If you decide not to get a lawyer or you cannot find one, you may find some helpful information on the Sacramento Law Library's Legal Research page. The library also has a guide with the steps you'll have to follow tostart a civil caseor respond to a lawsuit. Much of the information applies to every county in California. Or contact your local law library for help in your county.
FAQs
There are three ways to look at court case records:
- Go to the courthouse and ask to look at paper case records.
- Go to the courthouse and look at electronic case records.
- If your court offers it, look at electronic case records over the internet. This is called “remote access.”
"Civil" cases are the cases in which private citizens (or companies) sue each other in court. Civil cases are not about breaking a criminal law. There are many different kinds of cases in civil court. This website has separate sections for the most common kinds of civil cases.
What are 3 examples of civil cases? ›
The case could be about a contract dispute, damage to property, injury to a person, credit card or other debt, work-related disputes, and more. This guide will give you the general steps that apply to these types of civil cases.
What forms do I need to file a civil lawsuit in California? ›
Fill out the Summons (form SUM-100) and a Complaint. Also, fill out a Civil Case Cover Sheet (form CM-010). Since you are the one filing a lawsuit, you're called the plaintiff. The person or company you're suing is the defendant.
How to find out if someone is suing you in California? ›
Typically, the best first step is to look for information on the court's website. Go to the court's website where the case is filed. Most courts have a section on their website called "online services" or something similar.
Can I look up someone's criminal record in California? ›
Although California state law provides public access to criminal court records, it does not permit the removal of court records. Instead, interested parties are only permitted to make copies of the available records. Requesters will be expected to cover the cost required to make one or multiple copies.
What would be considered a civil case? ›
Civil cases involve conflicts between people or institutions like businesses. These conflicts usually (but not always) involve money. Cases usually begin when one person or business (the "Plaintiff") claims to have been harmed by the actions of another person or business (the "Defendant").
How long can a civil case stay open in California? ›
Depending on the type of case or procedure, California's statutes of limitations range from one year to 10 years. The point at which the clock starts ticking typically is the date of the incident or discovery of a wrong.
What is the burden of proof in a civil case? ›
In a civil lawsuit, the burden of proof rests on the plaintiff or the person filing the suit. The plaintiff should prove that the allegations are true and that the defendant, or the other party, caused damages. When it comes to establishing a civil case, the plaintiff must usually do so by a preponderance of evidence.
What is the most common type of case in civil law? ›
The three most common civil cases are tort claims, contract breaches and landlord/tenant issues. The general stages of a civil case are filing a complaint, building discovery, going to trial, and appealing the judgement.
You have the right to represent yourself in all cases in California. But just because you can represent yourself does not mean you should. In order to make the best decision, it's very important that you know what is at stake in your case and what will be expected of you.
How to respond to a civil lawsuit in California? ›
You must fill out an Answer, serve the plaintiff, and file your Answer form with the court. Generally, this is due within 30 days after you were served. If you don't, the plaintiff can ask for a default. If there's a default, the court won't let you file an Answer and can decide the case without you.
What is California civil procedure? ›
It contains most California statutes that govern the filing and litigation of lawsuits in the Superior Courts of California, as well as legal notices that must be given in a variety of circ*mstances. It also includes statutes of limitations that control the period of time during which a lawsuit may be commenced.
How do I dismiss a civil case in California? ›
How to ask for your case dismissed
- Fill out forms. Fill out the following forms. ...
- Make copies of the form(s) Make 2 copies of the completed form(s).
- File the Request for Dismissal with the court. ...
- Serve the forms. ...
- File the Notice of Entry of Dismissal and Proof of Service.
If you receive a form called a Summons (form SUM-100) it means that someone is suing you in court. In addition to the Summons, you'll also receive another document, called a Complaint.
What is the best free website for public records? ›
All Federal court records are available online at PACER.gov, an electronic public access service that is overseen by the Administrative Office of the United States Courts. This includes all Federal civil court cases, criminal charges, as well as bankruptcies. In all, there are over 500 million documents on PACER.
Can you look up unlawful detainers in California? ›
To access unlawful detainer / eviction cases, you must provide: the complete name of one plaintiff, the complete name of one defendant, and the exact address of the subject premises as provided on the complaint.
Is CourtCaseFinder legit? ›
Safety Concerns: When sites like CourtCaseFinder.com make it easy for just about anyone to find out where you live and your phone number, it could put you at risk. Financial Scams: If scammers get a hold of your personal info from CourtCaseFinder.com, they might trick you into losing your money.
How to look up family law cases in California? ›
Head to the Family Law Division Clerk's Office to request these records. You cannot view sealed records in person unless you are party to the case, an attorney of a party to the case, or have a court order for accessing those sealed records.
