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:
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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
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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.
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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.
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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.
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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.
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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.
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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:
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The defendant lived within the judicial district at the commencement of the
action.
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The contract was entered into or to be performed in the judicial district.
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The accident or injury (tort) occurred in the judicial district.
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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 at the California Courts Forms Web page.
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The Los Angeles Superior Court enhanced its fax filing procedures to include
small claims as provided in Code of Civil Procedure section 116.320.
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Although designated LASC facsimile machines can receive documents 24 hours a
day, filings received after public business hours or on court holidays shall be
deemed filed the next court business day.
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The proper transmission of a document by facsimile machine and the confirmation
of filing is the responsibility of the filing party, not the court.
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Each document transmitted for filing with the court shall contain the phrase
“By fax” immediately below the title of the document.
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A facsimile usage fee of $0.50 cents per page, including the cover sheet and
all tab pages, along with all applicable filing fees must be paid by credit
card as requested on MC-005.
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Confirmation of the receipt of documents for filing, beyond that given by the
standard confirmation option of the filing party’s facsimile machine, is
available on request for a fee of $3.50.
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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. The tab title must consist of no more than two (2)
single-spaced lines of not greater than two (2) inches in length.
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Click here for the facsimile
telephone numbers for each courthouse accepting fax filings [note:
Pursuant to Local Rule 18.1, the court will not accept any document via
facsimile filing in any location other than the clerk’s office of the court
location where the document is required to be filed].
What Documents Are Needed To Begin The Case?
Standard Forms To Begin The Case:
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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.
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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.
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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.
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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?
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Demurrer
A type of motion where the defendant asserts that a response is unnecessary due
to a legal defect in the complaint.
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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.
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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.
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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.
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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:
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Trials with a time estimate of less than one day.
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Jury trials
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Class action lawsuits
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Actions that include a demand for equitable relief.
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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:
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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.
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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.
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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/
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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:
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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.
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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:
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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.
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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.
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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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