How to Sue a Company in California: Forms, Filing, and Service

To sue a company in California, you file a Complaint and a Summons in the right court for the amount you’re claiming, serve those documents on the company through its registered agent or an authorized officer, and then handle the company’s response. The steps below walk through each stage, from checking your filing deadline to collecting on a judgment. Rules in other states are different; this is California only.

Check Your Filing Deadline First

California sets strict time limits, called statutes of limitations, on how long you have to sue. They run from the date the harm occurred, or in some cases from when you discovered it. Miss yours and the court will almost certainly throw the case out, no matter how strong your evidence is.

If your deadline is close, file first and gather more evidence afterward. You can always develop the case once it’s on file. You can’t undo a missed deadline.

Pick the Right Court for Your Amount

How much you’re seeking decides where the case belongs.

Small Claims Court

For $12,500 or less, small claims is the fastest and cheapest option. Filing fees run $30 to $75, or $100 if you’ve filed more than 12 small claims cases in the past year.5California Courts. Small Claims in California Lawyers can’t represent either side at the hearing, so you present the case yourself. You can consult an attorney beforehand. There’s no formal discovery, and cases move quickly. The tradeoff is the cap on recovery.

Superior Court

Above $12,500, the case goes to Superior Court, which splits civil cases into two tracks. Limited civil covers disputes of $35,000 or less. Unlimited civil covers anything above $35,000.6California Legislative Information. California Code of Civil Procedure 85 Unlimited cases involve more procedure, broader discovery, and higher fees. Most self-represented plaintiffs in Superior Court are on the limited track; unlimited cases with real money at stake usually warrant a lawyer.

File in the Right County

California has 58 counties, and you generally file in the county where the company resides or has its principal place of business.7California Legislative Information. California Code of Civil Procedure CCP 395 For contract disputes, you also have the option of filing where the contract was entered into or where it was supposed to be performed. For personal injury, you can file where the injury happened or where the company is based.

Filing in the wrong county doesn’t automatically end the case; the company can move to transfer it, adding delay and cost. Small claims venue works similarly: file where the company does business, where the contract was made, or where it was broken.8California Courts. Where to File Your Small Claims Case If the statute of limitations runs while you’re refiling in the correct place, the case is gone.

Send a Demand Letter First

Before filing in small claims, California requires you to ask the other side for the money.9California Courts. Demand Letter For Superior Court cases it isn’t required, but it’s still worth doing. Courts view attempts to resolve things favorably, and a clear demand letter sometimes gets the company to pay or negotiate without litigation.

A workable demand letter identifies you, describes what happened, explains what the company owes and why, attaches supporting documents like contracts and invoices, and gives a response deadline of 15 to 30 days. Keep the tone professional. If the company ignores it or refuses, the letter becomes evidence you tried to settle.

Get the Company’s Legal Name and Your Evidence Together

You need the company’s exact legal name to sue it. The name on a storefront or website is often a trade name rather than the entity’s registered name. Search the California Secretary of State’s bizfile Online portal to find the correct legal name and the registered agent for service of process, meaning the person authorized to accept legal documents for the company.10California Secretary of State. Business Search It’s free and takes about two minutes. Getting the name wrong on the Complaint creates problems, so verify it.

Then organize your evidence: contracts, invoices, proof of payment, emails and texts, photos, videos, and the names and contact information of any witnesses. Put it in chronological order. Gaps in your evidence are where the company’s lawyer will push, so identify what’s missing early and figure out whether you can get it.

Prepare Your Court Forms

For Superior Court, three main documents start a lawsuit:

  • The Complaint, where you explain what happened, identify the legal basis for the claim (such as breach of contract or negligence), and state what you’re asking the court to award. For contract disputes, use Form PLD-C-001.11California Courts. Complaint – Contract PLD-C-001
  • The Summons, the official notice telling the company it’s been sued and must respond. This is Form SUM-100.12California Courts. Summons SUM-100
  • The Civil Case Cover Sheet, a one-page form providing basic case information. This is Form CM-010.13California Courts. Civil Case Cover Sheet CM-010

All are fillable PDFs on the California Courts website. The Complaint takes the most work. You’ll state your causes of action, meaning the legal reasons you believe you’re entitled to relief, and specify the amount of money or other remedy you want. Be specific about dollar amounts. The court cannot award more than you ask for in the Complaint, so don’t lowball it.

File the Lawsuit and Pay the Fee

Take the completed forms to the clerk’s office at the Superior Court in the county where you’re filing, or submit them electronically if that court offers e-filing (many now do). The clerk stamps the documents with a case number and filing date, and you pay the filing fee. Based on the most recently published statewide fee schedule:

  • Limited civil, claims up to $10,000: $225
  • Limited civil, claims $10,001 to $35,000: $370
  • Unlimited civil, claims over $35,000: $435

Some counties add a local surcharge for courthouse construction on top of those amounts.14California Courts. Statewide Civil Fee Schedule If you can’t afford the fee, apply for a fee waiver using Form FW-001. You qualify if you receive certain public benefits, earn below a specified income threshold, or lack enough income to cover both basic living expenses and court costs.15California Courts. Request to Waive Court Fees FW-001

Serve the Company

Filing doesn’t notify the company. You have to serve it separately with copies of the filed Complaint and Summons, and California doesn’t let you do this yourself. Service must be performed by someone at least 18 years old who isn’t a party to the case.

For a corporation, the documents can go to the registered agent for service of process, or to certain officers including the president, CEO, vice president, secretary, treasurer, general manager, or anyone the company has authorized to accept legal papers.16California Legislative Information. California Code of Civil Procedure 416.10 Most people hire a professional process server (typically $40 to $200) or use the county sheriff. Once service is done, the person who served the papers completes a Proof of Service form, which you file with the court. Without proof of service, the case cannot move forward.

What the Company Does Next

Once properly served, the company has 30 days to file a written response.17California Legislative Information. California Code of Civil Procedure CCP 412.20 The most common response is an Answer, addressing each allegation—admitting it, denying it, or saying the company lacks enough information to respond—and raising any defenses, such as an argument that you waited too long or were partially at fault.

Instead of answering, the company might file a demurrer, California’s version of a motion to dismiss, arguing that even if everything in your Complaint is true, it isn’t legally sufficient. A successful demurrer usually means you amend the Complaint to fix the problem, not that you lose. The company’s attorney may also reach out about settlement before either side spends much on litigation. Many business disputes settle before trial, so do the math on what continued litigation will cost in time and fees.

If the Company Doesn’t Respond

If nothing is filed within 30 days, you can ask the court for a default judgment. For straightforward contract cases seeking a specific dollar amount, you file a request and the clerk can enter both the default and the judgment for the amount demanded in your Complaint.18California Legislative Information. California Code of Civil Procedure 585 For other case types, the clerk enters the default and you attend a brief hearing to prove up your damages before the judge enters judgment. The company can later ask the court to set aside a default if it shows a valid reason for not responding, so don’t treat it as final until it’s collected.

Discovery, If the Case Continues

If the company files an Answer and the case moves forward in Superior Court, both sides enter discovery, a formal process for demanding information from each other. Evidence uncovered here shapes settlement talks and trial strategy.

California gives you several tools. You can send up to 35 specially prepared written questions, called interrogatories, plus an unlimited number of official form interrogatories approved by the Judicial Council.19California Legislative Information. California Code of Civil Procedure CCP 2030.030 Requests for production of documents make the company hand over contracts, internal emails, financial records, and other relevant materials. Requests for admissions ask it to admit or deny specific facts, narrowing what you have to prove at trial. Depositions let you question employees or officers under oath, with a court reporter recording every word.

Discovery can run for months and get expensive. If you’re representing yourself, keep requests targeted to what supports your claims. The company can use the same tools against you, so be ready to respond to its requests too.

Collecting Your Judgment

Winning isn’t getting paid. The court doesn’t collect for you. If the company doesn’t voluntarily pay, it has 30 days from the date the judgment was mailed to pay or take other action such as filing an appeal.

After that, you can pursue enforcement. The main tool is a Writ of Execution, Form EJ-130, which you obtain from the court clerk and give to the county sheriff. The sheriff can then levy the company’s bank accounts if you know where it banks. For businesses with a physical location, the sheriff can seize cash from registers or remain on-site for a business day to collect incoming payments.20Los Angeles County Department of Consumer and Business Affairs. Collecting Your Judgment

You can also place a lien on the company’s real estate by recording an Abstract of Judgment, Form EJ-001, with the County Recorder in the county where the property sits. That blocks the company from selling or refinancing without paying you first. For business entities, you can record a judgment lien with the California Secretary of State for a $5 filing fee. You have 10 years from the judgment date to collect, and you can renew for another 10 years.20Los Angeles County Department of Consumer and Business Affairs. Collecting Your Judgment