Thinking about suing a company in California is a serious decision. If you’ve never been inside a courtroom, it’s normal to feel overwhelmed. California has its own courts, procedures, and strict deadlines – and missing a step can derail an otherwise valid case.
This guide explains the basic process, from evaluating whether you have a claim to what happens after a lawsuit is filed. It is for general informational purposes only and not legal advice. Because California’s rules can be complex, consulting a California attorney or visiting your local court’s self-help center is often wise.
Why People Sue Companies in California
To sue a company, you must have a valid legal reason – sometimes referred to as a cause of action. In general, this means the company did something unlawful that caused you harm.
Common grounds for lawsuits include:
- Breach of Contract: The company failed to honor a written or oral agreement.
- Employment Law Violations: Unpaid wages or overtime, missed meal or rest breaks, wrongful termination, discrimination, or harassment.
- Consumer Fraud or Unfair Practices: False advertising, hidden fees, or defective or dangerous products.
- Personal Injury: Injuries caused by a company’s negligence, such as unsafe property conditions.
- Fraud or Misrepresentation: Intentional deception to induce payment or reliance.
Identifying the correct cause of action is critical. It determines which laws apply, which deadlines control, and which court has jurisdiction.
Types of Lawsuits in California
- Individual Lawsuits: A single person sues a company for damages, declaratory or injunctive relief.
- Class Actions: A group of people with similar claims sue a company collectively (common in wage-and-hour, data breach, or consumer cases).
- Business-to-Business Lawsuits: Disputes between companies, often involving contracts, partnerships, or intellectual property.
What to Do Before Filing a Lawsuit
Before heading to court, preparation is essential.
- Confirm You Have a Legal Claim
Feeling wronged does not always mean you have a viable case. California law sets specific legal standards for claims like harassment, discrimination, or breach of contract. An attorney can help assess whether your facts meet those standards.
- Mind the Deadlines (Statutes of Limitation)
California imposes strict filing deadlines, which vary by claim type:
- Many (but not all) civil claims have 2–4 year deadlines.
- Employment discrimination claims often require very short administrative filing deadlines.
- Claims against government entities may require action within six months.
Missing a deadline usually means permanently losing your right to sue.
- Determine Whether an Agency Filing Is Required
Some claims must start with an administrative agency before going to court:
- Discrimination or harassment: California Civil Rights Department (CRD) or Equal Employment Opportunity Commission (EEOC).
- Wage and hour violations: California Labor Commissioner.
Skipping required administrative steps can result in dismissal of your case.
How to File a Lawsuit in California
Step 1: Choose the Proper Court
- Small Claims Court:
- Individuals may sue businesses for up to $12,500.
- Designed for self-representation; attorneys cannot appear for parties.
- Superior Court:
- Used for higher-value or complex cases.
- Typically filed where the company is located or where the dispute arose.
Step 2: Prepare the Required Documents
- Small Claims: File a Plaintiff’s Claim (Form SC-100).
- Superior Court: File a Complaint and Civil Case Cover Sheet (Form CM-010).
Most courts provide templates and self-help instructions online.
Step 3: File the Case
You may file in person or electronically, depending on the court. Filing fees apply, but fee waivers are available for those who qualify. Once filed, the court assigns a case number and issues next steps.
Step 4: Serve the Company Properly
California law requires formal service of process:
- The papers must be personally delivered by someone over 18 who is not a party.
- Service must be made on the company’s registered agent or an authorized officer.
- A Proof of Service must be filed with the court.
Improper service is a common and costly mistake.
What Happens After Filing
Once the case is underway, the process typically includes:
- Discovery: Exchange of documents, written questions, and depositions.
- Motions: Requests for the judge to rule on legal issues, including dismissal.
- Settlement Discussions: Many cases resolve through negotiation or mediation.
- Trial: If no settlement is reached, the case proceeds to trial before a judge or jury.
Timelines vary widely. Some cases resolve in months; others take years.
How Cases End: Settlement, Judgment, or Appeal
- Settlement: The parties agree to resolve the case and dismiss it.
- Judgment: The court rules in favor of one side after trial.
- Appeal: A losing party may ask a higher court to review legal errors. Appeals are limited in scope and subject to short deadlines.
Practical Tips
- Keep all documents and communications organized.
- Track and calendar every deadline.
- Follow court rules closely – procedural errors matter.
- Communicate consistently with your attorney or court self-help resources.
Is Suing a Company the Right Choice?
Lawsuits require time, money, and emotional energy. Before filing, weigh the potential recovery against the costs and risks. A consultation with a California attorney can help you evaluate your options and decide whether litigation – or an alternative approach – makes the most sense.