Civil Action
The filing of a complaint commences a Civil action. This is the means by which the Court acquires jurisdiction of the case and is the start of a case file. Some common types of actions are:
- Unlawful Detainer Actions
An Unlawful Detainer is a civil action in which a landlord/owner brings suit against a tenant to obtain a court order giving the holder of property the right to regain possession of the property from the tenant.
Before the complaint is filed, the plaintiff must serve a Notice to Pay Rent or Quit on the tenant. If the tenant refuses to comply with the notice, and does not either pay the rent or quit the premises, the plaintiff may then file his/her Unlawful Detainer complaint.
Click here for more information about Landlord/Tenant cases.
- Conversion Actions
The plaintiff claims the defendant has unlawfully taken possession of the plaintiff's personal property, and is suing for the return of the property.
- Breach of Contract Actions
The plaintiff and defendant have entered into an agreement ("contract"), and defendant fails to meet his obligation under the agreement.
This failure may consist of a failure to provide goods and/or services, or a failure to pay for goods delivered or for services already rendered. The contract may be either written or verbal.
- Tort - Personal Injury or Property Damage Actions
The plaintiff has been injured, and
sues the defendant, claiming that the defendant caused the
plaintiff's injuries through negligence. The plaintiff's
personal or real property has been damaged and the plaintiff
sues the defendant, claiming that the defendant caused the
damage through negligence.
Jurisdiction
The jurisdiction of a court is the authority to handle a case and involves the amount of the dispute.
- Small Claims courts hear matters where the dollar amount in dispute does not exceed $7500 for natural persons. Refer to the Small Claims Web page for more detail.
- Limited Jurisdiction courts hear
matters where the dollar amount in dispute or value of the
property does not exceed $25,000 and most Unlawful Detainer
cases.
- General Jurisdiction courts hear all other matters.
Who Can Assist With The Case?
Legal assistance is available from various agencies located throughout the County. Check the telephone directory under legal services or contact the California State Bar for lawyer referral. The California State Judicial Council also maintains a Self-Help Center Web page.
Self-Representation is an option (except in Small Claims cases where it is mandatory), but not recommended. Each step in preparing a case for trial can be technical and there are deadlines which must be adhered to. Court staff cannot provide legal advice regarding your case or provide assistance as to the meaning or preparation of any forms.
Do not use unregistered legal assistants. Assisting someone without being a registered unlawful detainer assistant or an attorney is a crime.
Where Do I File My Complaint?
Cases are assigned to individual courthouses pursuant to Los Angeles Superior Court Local Rule 2.0(B).
The following criteria are used to determine where a case should be filed:
- The defendant lived within the
judicial district at the commencement of the action.
- The contract was entered into or to
be performed in the judicial district.
- The accident or injury (tort)
occurred in the judicial district.
- The real property in dispute is located in the judicial district.
Click here to view the Filing Court Locator Web page where you can determine the correct venue by entering your address or zip code.
What Is The Filing Fee?
For information on filing fees, click here to view the Fee Schedule.
How Can I File By Fax?
Fax-filed paperwork must adhere to all requirements of traditional paperwork and shall be accompanied by a Facsimile Transmission Cover Sheet, available at the California Courts Forms Web page. Fax filed documents are subject to the following charges and processing rules.
- The Court’s facsimile machines are
available 24 hours a day, although filings received after
office hours or on Court holidays shall be deemed received
and filed the next Court day.
- The Cover Sheet shall accompany all
facsimile-filed documents.
- Confirmation of the receipt of
documents for filing, beyond that given by the standard
confirmation option of facsimile machines, shall be given
upon payment of the fee adopted by the Court ($3.37).
- The Court shall charge a fax usage
fee of $1.00 per page, including the cover sheet, along with
any filing fees normally associated with the document. In
addition, each document will require payment of $3.00
processing fee. All fees shall be charged to the filing
party’s credit card number.
- The Court will not accept via fax
any filing in Small Claims cases, or where there is a
requirement that the filing must be filed in a location
other than the Clerk’s Office.
- No documents submitted for filing
with exhibits, declarations, or other attachments which
require tabs, will be accepted via fax unless there are no
more than ten attachments, and no attachment exceeds three
(3) pages in length. Each attachment must be immediately
preceded by a faxed insert "tab title page", blank except
for the title of the tab typewritten in the lower left-hand
corner of the page. Tab title must consist of no more than
two (2) single-spaced lines of not greater than two (2)
inches in length. The fax usage fee of $1 per page will be
assessed for each tab title page included.
- If any of the above provisions are
not followed, the Court will not accept the filing of the
document. The proper transmission of a document by a
facsimile machine is the responsibility of the filing party,
not the Court.
- Pursuant to Rule 2007(d) of the
California Rules of Court, all signatures on
facsimile-transmitted documents shall be deemed original.
- Verify the FAX filing number by calling the Clerk's Office at the Court location where the case is being heard.
What Documents Are Needed To Begin The Case?
Standard Forms To Begin The Case:
- Court Forms
Standard forms are available at the Clerk's Office for common proceedings. Judicial Council Forms are available on-line at the California Courts Forms Web page.
If there is no pre-printed form provided by either the
Judicial Council or this Court, the pleading must comply
with CRC 201.
- Complaint
The complaint is a document which
lists and describes the alleged offenses committed by the
defendant, the effects of the offenses and the desired
conditions for the offenses to be corrected. There are many
uniform complaint forms available at the Clerk’s Office.
- Civil Case Cover Sheet Addendum and Statement of Location
This form is required for filing all
cases and is used to determine/confirm that a case is filed
at the proper Courthouse.
- Summons
The summons notifies a defendant
that an action has been instituted against him/her and that
an appearance in response to the complaint must be made
prior to a specified date.
What If I Can't Afford To Pay The Filing Fee?
Fee Waivers are available for indigent
plaintiffs and defendants. Fee waiver eligibility guidelines
are listed on the Information Sheet on Waiver of Court Fees
and Costs. To obtain a fee waiver, an Application of Waiver of
Court Fees and Costs and the header section of an Order on
Application for Waiver of Additional Court Fees and Costs must
be completed and submitted to the Clerk's Office for approval.
How Is The Defendant Notified Of The Case?
A defendant is notified of a case by the serving of the summons. There are three types of service for civil hearings: Personal Delivery, Substitute Service, and Publication. Any person who is at least 18 years of age and not a party to the action can perform Service.
For a fee, the Sheriff’s Department and private registered process serving businesses will serve the summons, complaint and other court documents. For the action to proceed, a Proof of Service of the Summons must be filed with the Court.
What Can Happen If The Defendant Does Not File A Response?
If the defendant fails to respond within the time required after service of the complaint, the plaintiff can request the court to enter a default and issue a default judgment. The clerk can review and enter defaults and default judgments in simple cases, more complex cases require a Court default and default judgment.
What Are Common Responses To A Complaint?
- Demurrer
A type of motion where the defendant asserts that a response is unnecessary due to a legal defect in the complaint.
- Motion to Strike
This motion is similar to a demurrer but is used to request the Court to strike (void) an answer due to a defect within it.
- Motion to Quash
A request for the Court to quash (void) service of the summons and complaint. The motion is usually made on the grounds that the litigant is not under the jurisdiction of the Court.
- Answer
A response from the defendant setting forth the grounds of the defense to the allegations contained within the complaint or the response from the plaintiff setting forth the grounds of the defense to the allegations contained within the cross-complaint.
- General Denial
A response from the defendant denying all allegations contained within the complaint or the response from the plaintiff denying all allegations within the cross-complaint.
If a defendant files any motion or demurrer, hearing date for that motion will be set prior to the trial process. Motions have a minimum 16 court day notice period to allow for the opposing side to prepare for the hearing.
If the Defendant files an Answer or a General Denial the case must be set for trial. Arbitration/Mediation is required for all cases except the following:
- Trials with a time estimate of
less than one day.
- Jury trials
- Class action lawsuits
- Actions that include a demand for
equitable relief.
- Actions entered into mediation by the parties.
What Can Happen If The Defendant Does Not Show Up For Trial?
The Court may grant a judgment for the plaintiff and/or impose sanctions upon the defendant.
What Happens If The Plaintiff Does Not Show Up For Trial Or Does Not Want To Pursue The Case?
The Court may make an order dismissing the case and/or imposing sanctions.
How Can The Judgment Creditor Collect On The Judgment Including Additional Costs Incurred After Judgment?
The following are options:
- Application and Order for Appearance of a Judgment Debtor (ORAP)
A judgment creditor may request the court to assist in the enforcement of the judgment. The ORAP mandates the judgment debtor to appear in court to answer questions concerning his/her assets, to aid in the enforcement of the money judgment or to answer questions regarding property or debts.
To schedule an ORAP, complete the header and bottom sections of the Application and Order for Appearance form and file in the Clerk’s Office with the filing fee. The clerk will complete the top portion of the Application and Order for Appearance, assign a hearing date and return the form to plaintiff to serve on the defendant.
If the judgment debtor does not
show up for an ORAP hearing, an Arrest Warrant may be
issued.
- Writ of Execution for Money
A Writ of Execution for Money is a
court order authorizing the sheriff or other officer of the
law to carry out the Court’s decision to collect a money
judgment.
- Abstract of Judgment
An Abstract of Judgment is a summary of the Court’s decision or award. Abstracts of Judgment are generally recorded with the County Recorder and act as a lien on property owned by the judgment debtor. The Abstract consists of two sections. The judgment creditor completes the upper section. The Court completes the lower section.
The Court provides the abstract but does not file papers with the County Recorder.
The Department of Registrar-Recorder/County Clerk is located at:
12400 Imperial Highway
Norwalk, CA 90650
http://lavote.net/
- Memorandum of Costs After Judgment
Costs incurred during the collection
process such as fees for writs, abstracts, or Sheriff’s
services may be added to an existing judgment using the
Memorandum of Costs After Judgment form.
What Needs To Be Done When The Judgment Debtor Makes Payment?
The following are options:
- Partial Satisfaction of Judgment
It is important for the Court files to be current when accounting for the payment of judgments since post judgment orders, such as writs of enforcement, are entered for outstanding balances. Upon payment of any portion of a judgment, a Partial Satisfaction of Judgment must be filed with the Court.
- Full Satisfaction
It is required by law that the
creditor file a satisfaction form with the Court upon full
payment of a judgment. If this form is not filed, liens
cannot be removed from a debtor's property and credit
reporting agencies will continue to report outstanding
judgment.
What Can Be Done If I Do Not Agree With The Judgment?
If you do not agree with the judgment you may file the following:
- Motion to Vacate
Motions to Vacate can be made by
parties who have had default judgments entered against them.
If granted the default judgment will be vacated and the
matter will be reset for a trial.
- Motion for a New Trial
Motions for a new trial can be made
under certain circumstances. This process begins by filing a
Notice of Intention to Move for New Trial with the clerk and
serving the same on the adverse party within 15 days from
the date of mailing of the notice of entry of judgment. The
Notice of Intention to Move for New Trial must state the
grounds upon which the motion will be made. Within 10 days
of filing the Notice of Intention, the Motion for New Trial
must be filed with the Court. The Court will then set a
hearing date for your motion. This hearing date must be
within 60 days from the date of entry of judgment.
- Notice of Appeal
An appeal is not a re-trial. New testimony and exhibits are not allowed. An appeal should not be made simply because a party thinks that they should have been believed or their opponent disbelieved. It is beyond the scope of the appellate court to re-decide a case by re-weighing the existing evidence.
Filing a Notice of Appeal does not stop the enforcement of a judgment. A plaintiff who has obtained a judgment may attempt to collect money or remove a tenant even though an appeal is filed.
The rules governing the appeals process are contained in the California Rules of Court (rules 101-108 and 121-144). These rules should be read and followed exactly.
How Do I Appeal a Parking Citation?
Parking citations are processed by the issuing agency. If you believe that a parking citation was issued in error, you must contact the issuing agency to arrange for an administrative hearing to dispute or contest the citation. The issuing agency's contact information is located on the citation. The rules for this process are included in the California Vehicle Code sections 40200 through 40226.
The Los Angeles Superior Court (LASC) hears appeals of decisions made at administrative hearings. If you have already had your administrative hearing and disagree with the decision made,
you may file with the LASC a Notice of Appeal - Parking (Form CIV005) along with a copy of a Notice of Statement of Decision from the issuing agency.
The filing fee for a Parking Appeal is included in the Court's Fee Schedule.
Details on how to fill out the form and complete the Parking Appeal process are available in LASC form number CIV006, entitled "Instructions for Completing Notice of Appeal - Parking" (Form CIV106).
Upon filing the Notice of Appeal - Parking, the Court will
set a hearing date when you or your attorney will have the
opportunity to explain what happened.
How Do I Obtain a Court-ordered Clerk's Signature?
Click here for Procedures for Obtaining Clerk's Signature on Documents Per Court Order.
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