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CALIFORNIA CIVIL PROCEEDINGS AND CIVIL DOCUMENTS

A People’s Choice can save you hundreds of dollars by preparing your civil legal documents instead of an expensive attorney!

Civil Litigation Learning Center
Our online learning center provides quick access to valuable information contained in our web site, California and Federal Codes, Court web sites and other legal sources of information.

Civil cases resolve private conflicts between people, businesses, and/or the government. When parties have a dispute that cannot be resolved, they often resort to filing a lawsuit to bring the disputed matter before an impartial third party. This process allows the parties to present their case to a judge or mediator who determines the facts of the case, determines the governing law, applies the law to the facts, and provides a judgment.

Statute of limitations: Most cases have to be filed within the time limits set by law. These limits are known as statutes of limitations. The time limitations vary depending on the type of legal claim filed. If a person does not file a case within the time period set by law, he or she loses the right to file the legal claim. Understanding California’s statutes of limitations is critical. You should always consult an attorney regarding these matters to make sure you file your claim within the time allowed under California law. Here are some general tips:

• If you are suing because you got hurt, you can file a claim for up to 2 years after you were hurt.
• If you are suing because a spoken agreement was broken, you have 2 years to file after the agreement was broken.
• If you are suing because a written agreement was broken, you have 4 years to file after the agreement was broken.
• If you are suing because your property was damaged, you have 3 years to file after your property was damaged.

Types of damages: In civil cases in which damage is done to a party, that party can claim money damages. However, in some instances, depending on the case, a party may ask for something other than money damages. For example, a person may ask the court to issue an injunction against another party which bars a person from doing a specific act. The court may issue a restraining order restricting a defendant’s actions until the case is resolved. For example, a person signs a contract to buy a house from the homeowner and the owner turns around and sells the house for a second time to another person. The first buyer may ask the court to restrain the seller from completing the sale to the second buyer until the case between the first buyer and the seller is resolved.

The civil process: For information regarding the small claims process, click here. Limited civil cases and unlimited civil cases follow these general steps:

1. Complaint filed. Summons issued by court.
2. Summons and Complaint served on defendant
3. Defendant files Answer to Complaint and/or Cross-complaint
4. Discovery Phase
5. Trial and Judgment

If the defendant fails to answer the complaint, the plaintiff can take the default of the defendant and proceed to obtain a Judgment. In this case, the discovery process is bypassed completely and a Judgment can be obtained fairly quickly.

A People’s Choice can save you hundreds of dollars by preparing your civil legal documents instead of an expensive attorney!

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A People’s Choice is a Registered Legal Document Assistant’s Office.
We are not attorneys and cannot select legal forms.
Reg. LDA #5, Ventura Co., Exp. 11/30/2014

Information provided through this site has been taken from self-help informational publications provided by the Court or other legal sources believed to be reliable. This information is general, published, factual information and should not be cited on or relied on as legal authority nor should it be considered legal advice. It is always recommended that you seek legal advice from an attorney before filing any legal proceedings. Many attorneys offer free consultations

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