Civil cases, the most common type of suit filed in California, include cases about personal injuries, contract disagreements, landlord-tenant disagreements, adoptions and divorce, and other civil issues. If damage has been done to someone, that person has the right to claim money damages. The parties involved may also seek non-monetary action such as an injunction or a restraining order. Every so often, a civil suit causes enough people to question the same law at once that a class action lawsuit is filed on their behalf.
Instructions
1. Travel to your local courthouse and pick up a copy of Form #CM-010. This form might be available online, depending on your location.
2. Fill out the information needed on the form. Name, address, and complaint are the most common things to appear on the form.
3. Type a complaint, or ask your attorney do so, providing the reasons the civil suit is being brought before the courts. The complaint needs to detail the reasons the defendant was wrong, and mention what you expect them to do to remain accountable.
4. Take a summons to the defendant, saying they have to respond to the complaint. Your attorney may suggest using a process server, but this you can do yourself if you don't want to spend the money. The defendant has to respond with a written answer within a set amount of time. The answer has to say whether the defendant is innocent or guilty, give a defense, make a statement opposing the plaintiff and request that the court support them.
5. Take the complaint and Form #CM-010 to your county court so they can get filed and processed. Pay the filing fee. The filing fee varies based on what county you live in.
6. Wait for the court to send you notice in the mail with your court date. Depending on your location within California, this could take weeks, or several months. Heavily populated areas generally have longer wait times.
Tags: Form CM-010, most common, your location