How to Sue Someone in California: Filing, Service, and Discovery

To sue someone in California, you confirm your claim is still within the statute of limitations, pick the right court based on how much money is at stake, file a Summons, Complaint, and Civil Case Cover Sheet in the correct county, pay the filing fee (or request a waiver), and have the defendant formally served within 60 days. From there, the defendant has 30 days to respond, and the case moves into discovery, settlement talks, and if necessary, trial and collection. Here is how each step works.

Check Your Filing Deadline

Every civil claim in California has a statute of limitations. Miss it and the court will almost certainly dismiss the case no matter how strong it is. The clock typically starts the day the harm occurred.

A delayed discovery rule can start the clock later if you couldn’t reasonably have known about the harm when it happened, and the deadline can pause if the defendant leaves the state or if the injured person is a minor or incapacitated. Those exceptions are narrow. Assume the standard deadline applies unless you have specific reason to think otherwise.

Make Sure You Have a Valid Claim

A lawsuit needs a recognized legal theory, called a cause of action, that connects the defendant’s conduct to real, provable harm. Common examples are breach of contract, negligence, fraud, and property disputes. The damages must be specific, usually in dollar terms, and they must trace to what the defendant did or failed to do. A general sense of being wronged is not enough. Courts dismiss cases that lack either piece.

Choose the Right Court

California civil cases are divided into three tiers by the amount in dispute. Filing in the wrong tier means your case gets reclassified or thrown out.

Small Claims

Individuals can sue for up to $12,500 in small claims court. Corporations and LLCs are capped at $6,250.3California Courts. Small Claims Court in California The process is informal, lawyers don’t represent parties at the hearing, and filing fees run $30 to $75.4Judicial Council of California. Statewide Civil Fee Schedule Effective January 1, 2026 You give up formal discovery in exchange for speed and low cost.

Limited Civil

If your claim is more than the small claims cap but not more than $35,000, you file a limited civil case.5California Legislative Information. California Code CCP – Section 85 Formal rules of evidence and civil procedure apply. The filing fee is $225 for claims up to $10,000 and $370 for claims between $10,000 and $35,000.4Judicial Council of California. Statewide Civil Fee Schedule Effective January 1, 2026

Unlimited Civil

Any claim over $35,000 is an unlimited civil case. The filing fee is $435.4Judicial Council of California. Statewide Civil Fee Schedule Effective January 1, 2026 These cases involve the full range of procedures and tend to be complex and expensive.

File in the Right County

California generally requires you to file in the county where the defendant lives. For personal injury and property damage, you can also file where the injury occurred. For contract cases, you can file where the obligation was to be performed or where the contract was signed.6California Legislative Information. California Code CCP – Section 395 Filing in the wrong county doesn’t automatically end the case, but the defendant can move to transfer it, adding delay and cost.

Prepare Your Documents

Before anything else, identify every party by full legal name and current address. For individuals, use the name on a government-issued ID. For businesses, search the California Secretary of State’s records for the exact legal name and registered agent. The wrong name causes delays.

Three documents start the lawsuit:

  • Summons (Form SUM-100), the official notice that the defendant has been sued and must respond within 30 days.7California Courts. Summons SUM-100
  • Complaint, which sets out who you are, who you’re suing, what happened, your legal theories, and what you want the court to order. Contract cases can use Form PLD-C-001; if no form fits, draft the complaint on pleading paper that follows the California Rules of Court.8California Courts. Complaint – Contract PLD-C-001
  • Civil Case Cover Sheet (Form CM-010), a required classification page. Leaving it out can result in sanctions.9Judicial Council of California. Civil Case Cover Sheet CM-010

Gather your evidence early even though you won’t file it with the complaint. Contracts, invoices, receipts, emails, photos, and a list of witnesses with contact information will help you draft a more specific complaint, and a vague complaint invites a motion to dismiss.

File and Pay the Fee

Submit the Summons, Complaint, and Civil Case Cover Sheet to the clerk’s office in the correct county, or use the court’s e-filing system. The clerk will stamp the documents filed and assign a case number. Bring copies for each defendant and one for yourself. Filing fees are due at filing: $435 for unlimited civil, $225 or $370 for limited civil, and $30 to $75 for small claims.4Judicial Council of California. Statewide Civil Fee Schedule Effective January 1, 2026

If you can’t afford the fee, submit a Request to Waive Court Fees (Form FW-001). You’ll qualify if you receive certain public benefits, your income falls below a set threshold, or paying would prevent you from covering basic household expenses.10California Courts. Request to Waive Court Fees FW-001 An approved waiver covers the initial fee and other court costs through the case.

Serve the Defendant

After filing, you must formally deliver the Summons and Complaint to every defendant. This is service of process. You cannot serve the papers yourself. The server must be at least 18 and not a party to the case.11California Courts. Serving Court Papers That can be a friend, a county sheriff or marshal, or a professional process server, who typically charges $40 to $400.

You have 60 days from filing to complete service on all defendants.12Judicial Branch of California. California Rules of Court Rule 3.110 – Time for Service of Complaint, Cross-Complaint, and Response Miss the window and the court can dismiss your case on its own.

Methods of Service

Personal service, where the server hands the papers directly to the defendant, is the cleanest option. If the defendant can’t be reached in person after reasonable attempts, substituted service lets the server leave the papers with another adult at the home or workplace and then mail a second copy. For a corporation or LLC, serve the designated agent for service of process, or an officer such as the president, secretary, or general manager.13California Legislative Information. California Code of Civil Procedure CCP 416.10

If you truly cannot locate the defendant after diligent effort, you can ask the court to allow service by publication in a newspaper. This is a last resort, and the court will require an affidavit of your efforts first.14California Legislative Information. California Code of Civil Procedure CCP 415.50

Proof of Service

After serving the papers, the server fills out and files a Proof of Service form showing when, where, and how the defendant was served. Without it, the case can’t move forward. Errors on the proof of service are a common reason cases stall, so treat it carefully.

After the Defendant Is Served

The defendant has 30 days from service to file a written response.15California Legislative Information. California Code of Civil Procedure CCP 412.20 If you used substituted service, the deadline extends to 40 days from the date the papers were mailed.

The usual response is an Answer, which admits or denies each allegation and may raise affirmative defenses, meaning legal reasons the plaintiff shouldn’t win even if the facts are as alleged. Filing an Answer puts the case into active litigation.

If the defendant ignores the lawsuit and misses the deadline, you can ask the court to enter a default. First, file a Request for Entry of Default (Form CIV-100). Then request a default judgment. For straightforward contract claims seeking a set dollar amount, the clerk can sometimes enter judgment directly. For other cases, you submit a declaration with evidence of your damages, and a judge decides.16California Legislative Information. California Code of Civil Procedure CCP 585 The court will not award more than what you asked for in the complaint, so don’t lowball the demand.

Discovery

If the case proceeds, both sides exchange information through discovery. The main tools:

  • Interrogatories, written questions answered under oath.
  • Requests for production, demands for documents like contracts, emails, financial records, and photographs.
  • Depositions, in-person recorded questioning under oath. These are expensive but revealing.
  • Requests for admission, written statements asking the other side to confirm specific facts or document authenticity. Anything admitted doesn’t need to be proven at trial.

Discovery is where cases get expensive. If the other side refuses to produce documents or gives evasive answers, you may need to file a motion to compel. A judge can impose financial penalties on a party that stonewalls without good reason.

Settlement Conferences

Most California civil cases settle rather than reach a jury. Before trial, the court can order a mandatory settlement conference where both parties, their attorneys, and anyone with authority to approve a deal must appear in person.17Judicial Branch of California. California Rules of Court Rule 3.1380 – Mandatory Settlement Conferences Each side submits a settlement conference statement at least five court days ahead: plaintiffs itemize damages and make a demand, defendants present their offer, and a judge or settlement officer works with both sides. Showing up unprepared, or without real authority to settle, can draw sanctions. Settlement is also possible at any point in the case, even before an answer is filed. If both sides agree, they put it in writing and file a dismissal.

Collecting the Judgment

Winning is not the same as getting paid. The court doesn’t collect for you. If the losing party doesn’t pay voluntarily, you become a judgment creditor and must use California’s enforcement tools. A money judgment is enforceable for 10 years and can be renewed before it expires.18California Legislative Information. California Code CCP – Section 683.020

  • Wage garnishment: a court order telling the debtor’s employer to withhold part of each paycheck.
  • Bank levy: a sheriff or marshal serves a levy on the debtor’s bank, freezing and seizing funds up to the judgment amount.
  • Property lien: recorded against the debtor’s real estate, lasting 10 years, paid when the property is sold or refinanced.19California Legislative Information. California Code CCP – Section 697.310

To use any of these, you get a writ of execution from the clerk and work with the county sheriff or a registered process server to carry out the levy.20Justia Law. California Code CCP – Sections 699.510-699.560 Finding assets isn’t always easy. You can use post-judgment discovery, including a debtor’s examination where the court orders the debtor to appear and disclose income, accounts, and property under oath. Some debtors genuinely have nothing to seize, and you may need to retry collection periodically across the life of the judgment.