Mini Quiz:

• • True or False: Anyone can file a lawsuit in CA civil court. Answer: True
  • What is the first step in filing a lawsuit in CA? A) File a complaint B) Send demand letter C) Consult an attorney. Answer: C

Example Pre-Lawsuit Checklist:

• • Consult attorney about claim validity
  • Send demand letter requesting damages
  • Gather evidence like contracts, medical records

Tips for Pre-Lawsuit Phase:

• • Consult attorney to evaluate legal claim validity
  • Send demand letter via certified mail

Frequently Asked Questions:

• • Is a demand letter required? No, but it can help resolve disputes pre-lawsuit.
  • Can I file a lawsuit without an attorney? Yes, but legal counsel is recommended.

Quiz: Pre-Lawsuit Phase

• • Q1: Is a demand letter required before filing a lawsuit? A) Yes B) No
  • Q2: Should you gather evidence to support your claim? A) Yes B) No

Answers: Q1 – B) No, Q2 – A) Yes

Example Lawsuit Process:

• • 1. Submit complaint to CA superior court (assuming the matter is not a federal one)
  • 2. Serve defendants with legal notice
  • 3. Defendants file response within 30 days

Tips for Starting a Lawsuit:

• • Use proper legal forms from court’s website
  • Serve defendants in accordance with legal rules

Frequently Asked Questions:

• • What is the filing fee for a complaint? Varies, usually $200-$500 depending on claim amount.
  • Can I serve defendants myself? Yes, but using a process server is recommended.

Quiz: Starting a Lawsuit

• • Q1: Which court do you file a complaint with? A) Federal B) Superior C) Supreme
  • Q2: How long does a defendant have to respond? A) 20 days B) 60 days C) Varies by case

Answers: Q1 – B) Superior Court, Q2 – C) Varies by case

Example CA Lawsuit Timeline:

• • Pleadings: 2-6 months
  • Discovery: 6-12 months
  • Trial: 12-24 months from complaint filing

Tips for Lawsuit Timeline:

• • Complex cases may take substantially longer
  • Most cases settle before reaching trial

Frequently Asked Questions:

• • How long is the discovery phase? Usually 6-12 months but can be extended.
  • Can a judge dismiss a case? Yes, if plaintiffs cannot prove claims.

Quiz: Lawsuit Timeline

• • Q1: How long is discovery? A) 1-3 months B) 3-6 months C) Over 6 months
  • Q2: Can a judge dismiss a case before trial? A) Yes B) No

Answers: Q1 – C) Over 6 months, Q2 – A) Yes

Example Lawsuit Costs:

• • Filing fees: $200 – $500+
  • Attorney: $200 – $500 per hour (or more depending on locale)
  • Experts: $150 – $500 per hour

Tips for Managing Lawsuit Costs:

• • Discuss fee arrangements with attorney
  • Limit discovery costs where possible

Frequently Asked Questions:

• • Can filing fees be waived? Yes, if you qualify for fee waiver.
  • Who pays for defendant legal fees? Usually the defendants themselves.

Quiz: Lawsuit Costs

• • Q1: Who typically pays the plaintiff’s attorney fees? A) Plaintiff B) Defendant C) Court
  • Q2: Can expert witness fees reach thousands of dollars? A) Yes B) No

Answers: Q1 – A) Plaintiff, Q2 – A) Yes

Example Resolution Outcomes:

• • Settlement agreement
  • Defense motion to dismiss granted
  • Jury verdict awarding damages

Tips for Lawsuit Resolution:

• • Be reasonable in settlement negotiations
  • Prepare diligently if the case may go to trial

Frequently Asked Questions:

• • What percentage of cases settle? Over 90% of civil cases settle.
  • Can a judge overturn a jury verdict? Yes, through judgment notwithstanding the verdict.

Quiz: Lawsuit Resolution

• • Q1: What percentage of civil suits settle? A) 50% B) 75% C) Over 90%
  • Q2: Can a judge override a jury verdict? A) Yes B) No

Answers: Q1 – C) Over 90%, Q2 – A) Yes