Filing a Business Lawsuit in California Civil Court
Are you going to file a business lawsuit in California Civil Court? Do you need to understand whether you have the right to do it? Thus, you face dilemma. First of all, you need a qualified legal assistance in order to figure out whether you can go to court as a plaintiff.
Below, The Margarian Law Firm lawyers will explain you when you may file a lawsuit and we are ready to provide answers to your initial questions concerning business lawsuits in California for free.
1. Am I Eligible to File a California Civil Lawsuit?
2. Whom Can I Sue in California?
3. Where Do I Need to Serve My Complaint in California?
4. What Should I Do To Be Ready For Hearings in a California Civil Court?
5. Why Do I Need an Attorney During California Civil Trial?
You may file your request online, by telephone or by mail. 818-990-0418
1. When are you eligible to file a lawsuit in court?
In order to be able to file a lawsuit, you should be directly affected by the actions(omission) of the defendant.
Example: the legal entity “A” may take its director to court if there is a breach of fiduciary duty. But the entity “B” cannot file a lawsuit against the director of the entity “A” based on a breach of fiduciary duty owed by the entity “A” because there is no clear connection to such lawsuit.
Secondly, in order to sue someone you must be whether:
- A natural person,
- Or an actual legal entity.
Thirdly, if you start a lawsuit, you are required to have a “legal capacity”. Otherwise, you will be engaged through your legal representative (i.e., an executor or a guardian).
It is considered that you have no “legal capacity”(or you have “legal disability”), if:
- You are under 18,
- You are judged mentally incompetent.
2. Understanding whom you sue
At first sight, it does not seem a complicated issue to figure out whom to sue. However, it is not as simple as it seems to be.
A lawsuit may be filed against:
- A natural person. You need to know that person’s name and address.
- A Business (all types of California legal entities). If you sue a sole proprietorship or partnership, you need to start the lawsuit against the person(s) doing business. To find required information, you can go to the county clerk’s office. If you stary a lawsuit against a corporation or limited partnership, you need to go to California Secretary of the State’s Business Search portal in order to find required information related to this business because they are considered to be a separate legal entity. That is to say you do not sue a person, the defendant should be the entity.
3. Where do I Need to File the Lawsuit?
When you have figured out that you may sue the person you want and this person has been identified, the next step to take it understand the amount of controversy(how much you want to obtain in damages, or the value of property in question). If you answer to this question, you will decide which court you have to sue in. In the table below, The Margarian Law Firm Lawyers will show you which court will hear your case depending on the amount of controversy.
- The Amount of Controversy less than $7,500 – Small Claims Court(simple and informal procedural rules, representation by attorneys is not allowed)
- The Amount of Controversy more than $7,500 – The California Superior Court ( strict procedural rules, representation by attorneys is allowed, two (2) types of civil cases may be filed here: limited civil cases and unlimited civil cases.
- If the defendant is from another state or a citizen of another country and an amount is over $75,000 – Federal Court
- The case arising under federal law (federal civil rights statutes, patent laws, competition laws, or federal tax claims) – Federal Court
4. How to Prepare for Hearings?
If you have filed your complaint with the court, you should notify the defendant with copy of your complaint. It should be taken into consideration that the documents cannot be served by a person who is:
- Under 18,
- A part of the case.
After completing these steps, you just need to wait for hearing. The court will review you case and instruct you what it is required to move forward.
5. How Can a Business Lawyer Help me in Filing a Business Lawsuit?
Oftentimes, plaintiffs consider that their case is straightforward win. But the defendants hire an experienced lawyer who turns everything upside down. In result, a plaintiff loses case and even face serious challenges because the amount of controversy was vital for them.
The Margarian Law Firm lawyers understand such dilemma and we will suit your needs. When you hire us, we are responsible for all complexities of your case and you can continue concentrating on business. When our law firm accepts your California civil case, you can put your mind at ease. We handle every aspect of your case, from the very start through the very last court hearing. Feel free to contact us! We will evaluate your case and engage in it as fast as possible.
Take the action into your own hands and call us today.
You may file your request online, by telephone or by mail. 818-553-1000