This Resource Guide for Starting a Civil Lawsuit is designed to direct you to a number of resources and locations where you can get help to start a lawsuit for a civil matter. This Guide focuses on civil cases in San Diego County Superior Court. As you begin your lawsuit, you will need to become familiar with the California Code of Civil Procedure and the San Diego County Court Rules.
If your case is in California, but in a different county, please check the local court rules for that county to ensure that you submit the appropriate documents to your specific court. You can find the various court rules for each county in California, here.
Also, if your case is under $12,500, this guide is inapplicable. Please see our Small Claims guide, here.
If you want to sue a state or local government agency, this guide is inapplicable. Please see our Suing State and Local Government Agencies guide, here.
This guide is not intended as legal advice or a substitute for doing your own research.
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When initiating a lawsuit, it is important to know the process of a civil lawsuit. Lawsuits can be costly and take up a lot of your time and effort. Cases can take up to a year or longer to decide. As the plaintiff, you are required to file civil complaint (with accompanying civil cover sheet and summons) with the Superior Court of San Diego, and then serve the defendants, the person(s) that you are suing.
Once you have served the defendants, they will either A) file an answer, B) file a general denial, C) file a motion, or D) they do nothing.
This guide will provide you with step-by-step instructions on how to start a civil lawsuit and how to serve the documents to the defendant(s).
If you have been served with a lawsuit in San Diego Superior Court, please view our guide on How to Respond to a Civil Lawsuit, here.
Before you file a civil lawsuit, it is important to know the basis of your lawsuit. Think about who you are going to sue, what you are going to sue for, when you should file the lawsuit, and where you should file. This guide will provide you with questions that you will need to know the answers for in order to file a lawsuit as well as a step-by-step guide of the process of filing a lawsuit.
Who are you going to sue?
Here are a few questions to ask yourself as you prepare to start your lawsuit:
What do you want to accomplish with your lawsuit?
Prior to starting a lawsuit, it is imperative to know what you are suing the other person for. Do you want money from the other person? Do you want them to stop doing something (injunction)? Or do you want both money and for the person to stop doing something? Before you commence a lawsuit, think thoroughly about what you want the end result to look like.
Legal Remedies = For Money
Past Medical Expenses
Future Medical Expenses
Liquidated Damages (Generally expressed in a contract)
Lost Profits
Lost Earnings
Property Damage
Unpaid Balance for Services Rendered
Non-Economic Damages
Pain and Suffering
Loss of Consortium
Emotional Distress
Loss of Enjoyment of Life
Equitable Remedies = Other Than Money Damages
Temporary Restraining Order
Temporary Injunction
Permanent Injunction
Ejectment (not the same as an eviction)
Property Lien
Claim and Delivery / Replevin (Writ of Possession) - (get property back from the other party)
*If you are a landlord wanting to evict your tenant - please see the Landlords Guide to Rent Increase and Evictions guide, here.
When Should You File a Civil Lawsuit?
Every cause of action has a statute of limitations (a statute of limitations is the maximum amount of time you are given to file a lawsuit). See Step 2: Statute of Limitations for more information, here.
Where Should You Bring a Civil Lawsuit?
The amount of money that you are suing for determines where the case will be held. The court has three types of cases: Small Claims, Limited, and Unlimited. Check out the California Courts website for more information, here.