If you were wronged, you have the right to sue. But, there are things you have to know before you sue, like:
Who to sue,
Where they are,
What you need to do before you sue them,
Where you should sue them, and
If you should sue them.
These are hard questions to answer, even in an easy case like a slip-and-fall in a store. For example, if you slip on the floor in a supermarket, you have to figure out if the store is part of a chain or just one store, if falling was partly or totally your fault, etc.
In a complicated case, like if the same slip and fall happened on land that the county owns, but that a government agency rents, you have to figure out who was responsible for slippery ground, and follow the laws for suing the government. If you sue a government agency, you have to follow the laws for notice. This is a fancy way of saying that before you sue a government agency you have to fill out papers that say that you’re suing them.
There’s a time limit to give notice. After you file your notice, you don’t have much time to file your lawsuit. Claim limits like this protect hospitals and other businesses. If you do not follow these rules, get ready to fight. If you don’t do things on time, you may lose your right to sue. You could ruin your lawsuit.
Even more important are time limits called "statute of limitations." These statutes, or laws, say when you can file your action. If you don’t file on time, you lose automatically. For example, if you are in a car crash, you have 2 years to file a lawsuit. This might not be true for your case. You have to check the time limit yourself. But in general this is the case. If you wait one day after the time limit, the Court won’t let you sue, except in very special circumstances.
This means that even if you have a good case, you lose because you didn’t file on time. The person you sue can challenge you at any time. They can appeal and win. That’s because the statute of limitations says if the Court can hear and decide the case at all. If you wait too long, you take away the Court’s jurisdiction to hear your case.
What are Summons and Complaint:
A general civil lawsuit starts when the plaintiff files 2 forms.
A Summons is a notice that says there’s a lawsuit.
A Complaint is a form that says how the person was hurt, who hurt them and how much the damages are.
Where do I file my lawsuit?
There are a lot of things to think when you decide where to file your complaint. For example:
Jurisdiction:
Jurisdiction can mean more than one thing. The Court has to have “jurisdiction” over the defendant. This means that the Court has the right to hear and decide a case for the person you are suing. In general, you have to file your lawsuit where the injury happened, or where the contract was supposed to happen, or where the defendant lives.
There can be other requirements. Check the California Code of Civil Procedure .
Then, the Court also has to have jurisdiction over how much money you want. You have to file your lawsuit in the right court:
Small Claims Court,
Limited Jurisdiction Superior Court, or
Unlimited Jurisdiction Superior Court.
Venue:
Jurisdiction says in what State and what Court you file your lawsuit. Venue is the County where you file your action. Usually, this is the County where the defendant lives or where the injury happened. But, sometimes you can change the Venue. See Law and Motion.
Court locations/hours/maps:
See the list of courthouses. Click on each court to see the hours and maps.
Unlimited Jurisdiction cases:
If you have a case worth more than $25,000, you have an unlimited jurisdiction case. For these cases, you have to give the Clerk:
The Complaint, or petition,
A Civil Case Cover Sheet ,
The filing fee (see the local fee schedule ), and
An original copy of the Summons.
The Clerk will endorse the Complaint, the Cover Sheet and the Summons, and give them back to you with something called a “Civil Lawsuit Notice”. This tells the date and time of your first Court hearing, and which Department (courthouse and courtroom) and Judge your case is assigned to.
You’ll also get an ADR (Alternative Dispute Resolution) Information
Explanation:
