The California litigation process moves a civil dispute through six main stages: filing the complaint and serving the defendant, the defendant’s response, discovery, pretrial motions, trial, and post-trial proceedings including appeal and collection. The whole arc can take anywhere from several months to several years, and most cases settle somewhere along the way. The rules sit in the California Code of Civil Procedure, and before anything else matters, you need to know your filing deadline. Miss it and no amount of legal skill will save the case.
Filing Deadlines Come First
Every civil claim in California has a deadline for filing suit, set by statute. Once it passes, the court will dismiss the case regardless of its merits. The clock starts on the date of the injury or breach, not the date you hire a lawyer or decide to sue.
- Personal injury or wrongful death: 2 years from the date of injury (CCP 335.1).
- Property damage: 3 years (CCP 338).
- Breach of written contract: 4 years (CCP 337).
- Breach of oral contract: 2 years (CCP 339).
Medical malpractice, fraud, and claims against government entities carry their own deadlines and special rules. A claim against a government entity, for example, requires an administrative claim filed well before any lawsuit. If a deadline is close, talk to a lawyer before doing anything else.1Judicial Branch of California. Deadlines to Sue Someone
Where the Case Is Filed
Nearly all civil lawsuits in California begin in the Superior Court, which has at least one courthouse in each of the state’s 58 counties. Within the Superior Court, cases fall into three tracks based on the money at stake:
- Small claims: up to $12,500 for individuals and $6,250 for businesses, with no lawyers allowed and a simplified process.2California Legislative Information. California Code of Civil Procedure 116.221
- Limited civil: $35,000 or less, with streamlined discovery and motion rules.
- Unlimited civil: more than $35,000, with full access to every procedural tool.
Appeals from the Superior Court go to one of six California Courts of Appeal districts, which review the trial record for legal errors rather than retrying the case.3District Courts of Appeal. Home
Starting the Lawsuit
The plaintiff opens the case by filing a complaint in the proper county. The complaint must state the facts of the dispute in plain, concise language and the relief sought, whether money, a court order, or both.4California Legislative Information. California Code of Civil Procedure 425.10 One quirk: in personal injury and wrongful death cases, the complaint cannot state a specific dollar amount for damages.
Filing requires a court fee. As of January 1, 2026, the base fees are $225 for cases up to $10,000, $370 for $10,001 to $35,000, and $435 for cases over $35,000. Riverside, San Bernardino, and San Francisco add a local courthouse-construction surcharge.5Judicial Branch of California. Statewide Civil Fee Schedule Effective January 1, 2026 Fee waivers exist for people who cannot afford the cost.
Filing is only half the job. The plaintiff must arrange for the defendant to receive a copy of the complaint and a court-issued summons telling them they are being sued and giving a deadline to respond. This delivery is called service of process. It must be carried out by someone at least 18 years old who is not a party to the case, and personal delivery is required for the initial papers in most cases. The server then completes a proof of service form, which the plaintiff files with the court.6Judicial Branch of California. Serving Court Papers
The Defendant’s Response
Once served, the defendant has 30 days to respond. The parties can agree to a single 15-day extension without court approval.7Judicial Branch of California. California Rules of Court Rule 3.110 What the defendant files during that window shapes the whole case.
The most common response is an answer, in which the defendant admits or denies each allegation and raises any affirmative defenses. An affirmative defense says, in effect, “even if everything you allege is true, I’m not liable because…” Common examples include an expired statute of limitations, the plaintiff’s own negligence, or a valid release or waiver.
Instead of answering, the defendant can file a demurrer, which challenges the legal sufficiency of the complaint. A demurrer accepts the facts as pleaded but argues they do not state a valid claim. Other grounds include lack of jurisdiction, another identical lawsuit already pending, or a complaint so vague it cannot be answered.8Justia Law. California Code of Civil Procedure 430.10-430.90 Courts rarely throw out a case on a first demurrer without giving the plaintiff at least one chance to amend.
A defendant who has their own claims against the plaintiff, or against a third party connected to the same events, can file a cross-complaint.9California Legislative Information. California Code of Civil Procedure 428.10 A two-party case can quickly expand into something larger.
If the defendant files nothing, the plaintiff can ask the court to enter a default and then obtain a default judgment, which can lead to wage garnishment or seizure of property.10California Legislative Information. California Code of Civil Procedure 412.20
Case Management and Settlement
Early in the case, the court schedules an initial case management conference. The judge reviews the case, considers sending the parties to mediation or another form of alternative dispute resolution, and often sets a trial date. Both sides must attend, be familiar with the case, and be ready to discuss scheduling, discovery, and settlement. In straightforward cases, the court can issue a case management order from the written submissions alone.11Judicial Branch of California. California Rules of Court Rule 3.722
The overwhelming majority of California civil cases settle before trial. Settlement can happen at any point, and courts push the process along. On its own or at a party’s request, the court can order a mandatory settlement conference where trial counsel, the parties, and anyone with authority to approve a deal must appear in person. At least five court days before the conference, each side submits a statement with a good-faith demand or offer, an itemization of damages, and the facts and law.12Judicial Branch of California. California Rules of Court Rule 3.1380 A retired judge or experienced attorney usually presides and works privately with each side to bridge the gap. Many cases end here.
Discovery
Discovery is the information-gathering phase, and it is usually the longest and most expensive part of the process. Both sides use formal tools to obtain the relevant facts and evidence so neither party is ambushed at trial.
Written Discovery
Written requests do most of the work. Interrogatories are written questions the other side must answer under oath. California offers pre-written form interrogatories covering standard topics, plus special interrogatories you draft yourself. A party can serve up to 35 special interrogatories as a matter of right; going beyond that requires a sworn declaration explaining why.13California Legislative Information. California Code of Civil Procedure 2030.030 Requests for production demand specific documents, electronic files, or tangible evidence. Requests for admission ask the other side to admit or deny specific statements; once admitted, a fact is established for the rest of the case and does not need to be proved. The responding party has 30 days to answer.
Depositions
A deposition is sworn, out-of-court testimony taken in front of a court reporter who transcribes everything. Either side can depose the opposing party, witnesses, or experts. Depositions let attorneys ask follow-up questions in real time and observe the witness’s demeanor, which makes them the most powerful discovery tool. They are also expensive, with court reporter fees, videographer costs, and attorney time adding up quickly.
Sanctions for Refusing to Cooperate
Failing to cooperate carries real consequences. Under CCP 2023.030, the court can impose monetary sanctions (making the offender pay the other side’s costs and fees), issue sanctions (declaring certain facts established), evidence sanctions (barring specific evidence at trial), terminating sanctions (dismissing claims or entering default), or contempt. Courts must impose monetary sanctions unless the offending party shows the conduct was substantially justified or sanctions would be unjust.14California Legislative Information. California Code of Civil Procedure 2023.030 Terminating sanctions are reserved for the worst behavior, but they happen. Ignoring an order to answer discovery is a reliable way to lose without ever reaching trial.
Pretrial Motions
Before trial, either party can file a motion for summary judgment asking the court to decide the case, or part of it, as a matter of law. The standard is high: the moving party must show no genuine dispute of material fact and entitlement to judgment on the undisputed evidence.15California Legislative Information. California Code of Civil Procedure 437c A defendant usually argues that the plaintiff cannot prove some essential element of the claim. If the defendant meets that initial burden, the plaintiff must come forward with specific evidence creating a factual dispute; speculation is not enough.
The timing is strict. The motion and supporting papers must be served at least 81 days before the hearing, and the hearing must occur no later than 30 days before trial. Summary judgment motions generate enormous paperwork, often hundreds of pages, and take months to prepare.
Parties also file motions in limine shortly before or at the start of trial. These ask the judge to exclude evidence, limit expert testimony, or resolve legal disputes before the jury is empaneled. They can dramatically shape what the jury hears.
Trial and Judgment
If the case does not settle or get resolved on motion, it goes to trial. The parties can choose a jury trial or a bench trial, where the judge decides everything. In either format, each side gives opening statements, examines and cross-examines witnesses, introduces exhibits, and makes closing arguments.
After deliberation, the jury (or the judge) returns a verdict. The court then enters a formal judgment specifying the outcome and any money damages. That judgment is what gives the winning party the legal right to collect.
Post-Trial Motions and Appeal
The losing party does not have to accept the verdict. California allows a motion for new trial on several grounds, including irregularities that prevented a fair trial, jury misconduct, newly discovered evidence that could not reasonably have been found earlier, damages that are excessive or inadequate on the evidence, insufficient evidence to support the verdict, or legal error at trial.16California Legislative Information. California Code of Civil Procedure 657 These motions are hard to win, but they build a record for appeal.
After judgment, the losing party has 60 days from the date the notice of entry of judgment was served to file a notice of appeal with the Court of Appeal.17Judicial Branch of California. Appeals Frequently Asked Questions That deadline is firm. An appeal is not a second trial. The appellate court reviews the written record, reads the briefs, and sometimes hears oral argument, deciding whether the trial court made a legal error significant enough to change the outcome. It does not re-weigh evidence or second-guess credibility findings. The process commonly takes a year or more.
Collecting the Judgment
Winning a judgment and collecting on it are two different things. If the losing party does not pay, the winner, now the judgment creditor, must use enforcement tools.
The primary tool is the writ of execution, which the court issues and a sheriff or marshal carries out. With a writ, the creditor can pursue a bank levy; the sheriff instructs the bank to turn over whatever is in the debtor’s account at that moment. If the balance does not cover the judgment, the creditor can levy again later. Writs expire after 180 days and must be renewed to keep collection going.18Judicial Branch of California. Collect Money From a Bank Account
Wage garnishment redirects a portion of the debtor’s paycheck to the creditor. For longer-term security, the creditor can record an abstract of judgment with the county recorder, which places a lien on any real property the debtor owns in that county. A California judgment lien on real property lasts 10 years from the date of the original judgment and attaches to the proceeds if the debtor sells during that window.19California Legislative Information. California Code of Civil Procedure 697.310 Certain property, including the debtor’s homestead, may be partially or fully exempt.
The debtor can claim exemptions for specific assets. After being served with a levy, the debtor has 15 to 20 days to file a claim of exemption. If the creditor does not respond within 15 days, the sheriff releases the funds back to the debtor. Judgment creditors who give up after one failed attempt often leave money on the table.