A Step-by-Step Guide to California Civil Procedure Before Trial

Navigating the pre-trial process in California civil litigation requires a clear understanding of procedural rules, filing deadlines, and strategic considerations. From determining the appropriate statute of limitations to ensuring compliance with procedural requirements, California civil procedure before trial is a structured yet complex process. 

Step 1: Determine the Applicable California Statute of Limitations 

Before initiating a lawsuit, it is crucial to determine whether the claim is within the statute of limitations. Under California law, different causes of action have varying time limits within which a lawsuit must be filed. Common statutes of limitations include:

• Personal Injury: Two years from the date of injury (Cal. Code Civ. Proc. § 335.1).
• Breach of Written Contract: Four years from the date of breach (Cal. Code Civ. Proc. § 337).
• Breach of Oral Contract: Two years from the date of breach (Cal. Code Civ. Proc. § 339).
• Fraud: Three years from the date the fraud was discovered (Cal. Code Civ. Proc. § 338(d)).
• Property Damage: Three years from the date of damage (Cal. Code Civ. Proc. § 338(b)).

If a plaintiff fails to file within the statute of limitations, the claim is typically barred, and the defendant can move to dismiss the lawsuit. Exceptions exist, such as the delayed discovery rule, which may extend the deadline in certain cases.

Step 2: Draft and File the Complaint 

The complaint–or the formal document that initiates the lawsuit–must include:

• A caption identifying the court, parties, and case number.
• A statement of jurisdiction, explaining why the court has authority over the matter.
• A statement of facts supporting each cause of action.
• A request for relief, specifying damages or remedies sought.

The plaintiff must also file a Civil Case Cover Sheet (Judicial Council Form CM-010) and pay the required filing fees. The complaint must be filed in the proper venue, which is typically the county where the defendant resides or where the cause of action arose.

Step 3: Serve the Defendant 

After filing the complaint, the plaintiff must serve the defendant with a copy of the summons and complaint in compliance with California Code of Civil Procedure §§ 415.10–415.50. In California, methods of service include:

• Personal service: Hand-delivery to the defendant.
• Substituted service: Delivery to a responsible person at the defendant’s residence or business, followed by mailing a copy.
• Service by publication: Used when the defendant cannot be located, requiring court approval.

Proof of service must be filed with the court to confirm proper notice.

Step 4: Defendant’s Response and Possible Motions 

The defendant has 30 days from the date of service to file a response. Common responses include:

• Answer: A formal reply addressing each allegation and asserting defenses.
• Demurrer: A motion challenging the legal sufficiency of the complaint.
• Motion to Strike: Used to remove improper or irrelevant portions of the complaint.
• Motion to Quash: Challenges the court’s jurisdiction over the defendant.

Failure to respond within the deadline may result in a default judgment.

Step 5: Conduct Discovery 

Discovery is a crucial phase in California civil procedure before trial. It allows both parties to gather evidence, evaluate claims, and prepare for trial. Common discovery tools include:

• Interrogatories: Written questions requiring written responses under oath.
• Requests for Production: Demands for documents, records, or tangible evidence.
• Requests for Admission: Statements a party must admit or deny under oath.
• Depositions: Oral questioning of witnesses or parties, recorded under oath.

California law imposes strict deadlines on discovery requests and responses. For instance, responses to interrogatories and document requests must be provided within 30 days unless extended by agreement or court order.

Step 6: Pre-Trial Motions 

Before trial, parties may file various motions to resolve legal issues, narrow claims, or seek case dismissal. Key pre-trial motions include:

• Motion for Summary Judgment (Cal. Code Civ. Proc. § 437c): Asserts that no genuine issues of material fact exist, and the moving party is entitled to judgment as a matter of law.
• Motion to Compel Discovery: Filed when the opposing party fails to provide requested information.
• Motion in Limine: Seeks to exclude certain evidence from trial to prevent prejudice.

These motions can significantly shape the trial’s scope and admissibility of evidence.

Step 7: Mandatory Settlement Conference and Alternative Dispute Resolution 

California courts strongly encourage parties to settle disputes before proceeding to trial, as settlement helps reduce court congestion and provides a more cost-effective and efficient resolution for litigants. One common pre-trial requirement is the Mandatory Settlement Conference (MSC), where a judge or court-appointed mediator facilitates negotiations between the parties. The goal of the MSC is to help both sides reach a mutually agreeable resolution, avoiding the time and expense of trial. During this conference, each party presents their position, discusses potential settlement terms, and receives input from the judge or mediator, who may offer insights into the strengths and weaknesses of each case.

In addition to MSCs, parties may also engage in alternative dispute resolution (ADR) methods such as mediation or arbitration. Mediation involves a neutral third party assisting in negotiations to reach a voluntary settlement, while arbitration is a more formal process where an arbitrator hears evidence and issues a binding or non-binding decision. Many California courts require litigants to attempt ADR before trial, recognizing that these methods often lead to quicker resolutions. By pursuing settlement through MSCs or ADR, parties can save significant legal costs and retain greater control over the outcome of their dispute.

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