Choosing the Right Division
California civil cases are heard in Superior Court, which is divided by the amount in dispute. Small claims handles the lowest tier, limited civil the middle range, and unlimited civil everything above it.
The small claims limit for an individual is higher than in many states, and lawyers cannot represent parties at the small claims hearing, which keeps costs down and makes it the practical route for most consumer disputes.
The division determines the procedure, not just the fee
Limited civil cases have restricted discovery and simplified procedure compared with unlimited civil. That difference affects cost far more than the filing fee does, so where a claim sits near a threshold the choice matters.
Forms, Filing and Service
California uses Judicial Council forms, which are published free on the courts website. A general civil case requires a complaint, a civil case cover sheet and a summons, and many claim types have their own approved form complaints.
After filing, the defendant must be served under state rules. Personal service is the primary method, with substituted service available where personal service cannot reasonably be achieved, followed by mailing. Proof of service must then be filed with the court.
Fee waivers are available through a standard application for people below income thresholds or receiving public benefits, covering filing and certain other court fees.
Deadlines to Know
Limitation periods vary by claim: personal injury and wrongful death generally two years, written contracts four years, oral contracts two, and property damage three. Claims involving fraud have their own rules on when the period begins.
Claims against public entities are the critical exception. A written claim must generally be presented to the entity within six months for injury claims, and failing to do so bars a subsequent lawsuit almost entirely.
Six months for claims against public entities
Suing a California city, county, school district or state agency generally requires presenting a written claim to that entity within six months of the incident for injury claims. Missing that step is fatal to the case regardless of its merits.
Before You Act
Thinking About Filing a Claim?
Most plaintiff lawyers offer a free initial consultation and work on contingency, meaning no fee unless there is a recovery. LawsuitWatch is not a law firm: we publish explainers, and we do not provide legal advice, representation or referrals. Your state bar directory is the reliable place to find and verify a lawyer.
How to File a Civil Lawsuit in California: Courts, Forms and Deadlines: Frequently Asked Questions
Answers to the most common questions about this case and your legal options.
Which court hears civil cases in California?
Superior Court, divided into small claims, limited civil and unlimited civil according to the amount in dispute.
Can I use a lawyer in small claims?
Not at the hearing. Lawyers cannot represent parties in California small claims court, though you may consult one for advice beforehand.
What forms do I need?
Judicial Council forms published free on the courts website, generally a complaint, civil case cover sheet and summons, with approved form complaints for many claim types.
What are the main deadlines?
Generally two years for personal injury, four for written contracts, two for oral contracts and three for property damage, with fraud having its own accrual rules.
What if I am suing a government entity?
A written claim must generally be presented to the entity within six months for injury claims, and failing to do so bars a later lawsuit.
Legal Disclaimer
This article is general legal information, not legal advice, and does not create an attorney-client relationship. Case status, eligibility criteria, and any amounts described are as reported at the date shown and may change. Consult a licensed attorney in your jurisdiction about your own situation.