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Personal injury cases | California Courts | Self Help Guide
On this page:
Types of personal injury cases
Basic things to consider before suing
Forms you can use in a lawsuit
When talking to a lawyer is particularly important
Types of personal injury cases
There are many types of personal injury cases. In most cases, the injured person (the plaintiff) is suing a person, business, or both (a defendant) because the defendant accidentally or intentionally hurt the plaintiff and caused them an injury of some type. For example, car crashes, slip and falls, or workplace injuries, are all common types of personal injury cases. Workplace injuries will probably involve a workman’s compensation case, and it may also be important to pursue the person who caused the workplace injury.
Sometimes, a legal case involves both personal injury and property damage. For example, a car crash might damage your car and hurt you. If that happens, then your case involves property damage and personal injury. Get more information about property damage cases.
Basic things to consider before suing
Deadline to sue: the statute of limitations
In general, you have to sue someone (file the papers in court) within 2 years from the date of the injury. There are different rules for suing the government with shorter time limits. If you're suing, make sure you're well within the correct time period.
If you're defending yourself, and the person who sued you waited too long, you can ask the judge to dismiss the case.
Who to sue: It's not always easy to know who is responsible for an injury
Generally, a person suing will try to sue everyone responsible for an injury. For example, in a car accident, you may sue the driver who is at fault as well as the owner of the car. If the driver was on the job then the employer could also be sued. Or, in the example of an accident in a store, someone might sue the store owner as well as the company that owns the building the store is in, if they are different.
Sometimes, it’s hard to tell who owns a business. A business may be owned by an individual or a corporation.
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 JusticeCorps
 

 JusticeCorps is dedicated to increasing access within California’s legal system by offering support to the thousands of individuals representing themselves in civil cases each year. We train undergraduates and recent graduates to provide direct service and neutral assistance (not legal advice) to self-represented litigants in one of the many court-based self-help centers across the state. JusticeCorps members serve under the supervision of attorneys to offer essential support for those navigating the court system on their own, by providing one-on-one support and assisting with workshops.
Small Claims Advisory Clinic: Sacramento Superior Court

The Small Claims Advisory Clinic is open for in-person advice and form review. For legal advice or to speak with an attorney
 	advisor over the phone, call (916) 875-7846. If prompted, leave a message, and an attorney will return your call within two
 	business days. For less immediate advice, email the Advisory Clinic your circumstances and questions anytime at:
 	scudadvisors@saccourt.ca.gov and get a response during regular court hours.

 	 Advisory Clinic hours are 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 4:00 p.m. Monday – Friday, excluding
 	 
 	 court holidays. 

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How to collect your money | California Courts | Self Help Guide
If it will take more than 10 years to collect, you will need to renew your judgment before 10 years is up so it doesn't expire.
 
 

Let the court know if you end up getting paid the full amount
If they pay you the full amount, you must let the court know within 14 days of being paid.  You do this by filing an Acknowledgment and Satisfaction of Judgment. You can face a penalty if you don't.
Collecting from the other side can be hard
You can hire a lawyer to help you. 
You can assign your right to collect the money to a collection agency. If the other side pays, the agency will keep a large portion of the money and pay you the rest. 
Your county's Small Claims Advisor may have resources to help you.

Small claims collection
What's next?

If you want a bank levy or wage garnishment, your next step is to get a court order that lets the sheriff take the money (called a Writ of Execution). 
If you want to put a lien on their property, you will need to first get an Abstract of Judgment.

Go back to an overview
 See all the steps to take right after you won your small claims case
 

Get a Writ of Execution
 Get step-by-step instructions on how to get a Writ of Execution so you can do a bank levy or wage garnishment
 

Get Abstract of Judgment
 Get step-by-step instructions to get an Abstract of Judgment and record a lien
 

 

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Minor's Compromised Claims

Minor's Compromised Claims are processed on the 1st floor of the Justice Center Courthouse.

A minor’s compromised claim is a procedure to allow an adult to sign on behalf of a child, so the child may receive funds awarded in a legal action.  The law does not allow a child to sign legal documents on their own behalf until she or he becomes an adult.
How to File a Petition
All petitions should be filed in the Clerk’s office in the Civil Division located on the first floor of the Justice Center Courthouse. All matters will be set four weeks or more from the date of filing, and will be heard in Department 2 on the second floor of Justice Center Courthouse.
Forms - current forms are available on our Local Forms page, or from the California Courts website:

MC-350 Petition to Approve Compromise of Claim

MC-351 Order Approving Compromise of Claim

MC-355 Order to Deposit Money into Blocked Account

MC-356 Receipt and Acknowledgment of Order for the Deposit of Money into Blocked Account

The court may approve the petition as requested, or make other orders as appropriate. Certain requests may be denied.
Different Types of Minor’s Compromised Claims
No Action Pending

Petitioner must be the parent, guardian, or guardian ad litem.
Self-Help Small Claims | Superior Court of California | County of Tuolumne
This information is provided as a general guide only. You are encouraged to get the assistance of a lawyer if legal advice is necessary.

 

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The Superior Court of California - County of Ventura - FAQs
This rule is called venue. The Ventura Superior Court has two divisions where small claims cases are assigned 
 and heard. The right location may be any of these:

Where the defendant lives or where the business involved is located; 
Where the damage or accident happened;
Where the contract was signed or carried out;
If the defendant is a corporation, where the contract was broken
For a retail installment account or sales contract or a motor vehicle finance sale:
 
Where the buyer lives;
Where the buyer lives when the contract was entered into;
Where the buyer signed the contract; or
Where the goods or vehicle are permanently kept

Q:  Is there anyone that I may speak with to obtain legal advice?
A:  The District Attorney's Small Claims Legal Advisor may be reached by calling (805) 654-5054, or the Ventura County Bar Association's Lawyer Referral and 
 Information Service at (805) 650-7599.

Q:  How do I go about serving the defendant(s) with their notice of the claim?
A:  The defendant must be served with a copy of the claim 15 days prior to the hearing date if they live in the county and 20 days prior if they live outside 
 the county. The types of service are:
Certified Mail - Service by certified mail must be done by the clerk's office. The fee is $15.00 per defendant being served. You will need to check with the court 
 prior to the hearing to see if the receipt for certified mail was returned to the court. Certified mail is the least effective form of service. If the defendant does 
 not personally sign the certified mail return receipt, or if the signature is illegible, and the defendant does not appear at the trial, the court will not enter a 
 default judgment and you will be required to select another form of service and attempt service again.
Service by law officer - You may have the Sheriff serve the defendant for a fee of $40.00.
Personal service or process server - Anyone over 18 years of age, not a party to the case, may serve the defendant. Registered process servers will do this for 
 you for a fee.
After you serve the Summons and Complaint | California Courts | Self Help Guide
The court clerk will then mail you a letter with your trial date.
Your tenant can also file a Counter-Request to Set Case for Trial-Unlawful Detainer (form UD-150) if they disagree with the Request you filed or, for example, want to ask for a jury trial if you didn't.
 
You can ask for a jury trial. Learn more 
You and your tenant both have a right to ask for a jury trial. It costs $150, unless you file a fee waiver. There may be other costs, too, depending on your court. To ask for a jury trial you fill out that section on the Request to Set Case for Trial - Unlawful Detainer form. If you don't, your tenant can still file a Counter-Request to Set Case for Trial-Unlawful Detainer (form UD-150) to ask for one. Get legal help if you either of you has asked for a jury trial.

 

 If your tenant files something else (a motion to quash or demurrer), get legal help

 In some cases, a tenant might file a motion 
If your tenant thinks your Complaint was filled out wrong or was served wrong, they might file to ask the court to do something about it instead of filing an Answer. These actions are called a Motion to Quash Service or a Demurrer.
Get legal help if your tenant filed a motion to quash or a demurrer
Demurrer
A Demurrer is filed by the tenant to say the Complaint doesn’t include all the facts or legal requirements to prove they should be evicted. A Demurrer can delay the case by a few weeks, and if the tenant wins, you might have to start the case all over or even have to give the tenant a new Notice.
Motion to Quash Service
A Motion to Quash Service is filed when the tenant says that the landlord didn’t serve the Summons and Complaint properly. If the tenant wins, the landlord has to re-serve the Summons and Complaint. If the landlord wins, the tenant will have to file an Answer to the Complaint right away.
Eviction Index | California Courts | Self Help Guide
Info: If you're not listed in the Complaint
If you default

3. Respond to the Court 

Fill out Answer 
Common defenses
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4. A judge decides
What to expect in an eviction trial

5. After a judge decides

What happens if you lose
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After you give your tenant Notice
 

2. Start an eviction case

Fill out forms
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3. Ask for a trial date or default

Ask for trial or default judgment 
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How to dismiss your case

4. Go to trial
What to expect in an eviction trial

5. After a judge decides

After the eviction trial decision

 

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Employment related cases | California Courts | Self Help Guide
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Resources for employment related cases
There are many different types of cases related to someone’s job. There can be cases for unpaid wages, wrongful termination (being fired against the law), discrimination, sexual harassment, failing to keep you safe at work, injuries on the job (worker’s comp issues), and more. Some of these can overlap.
 
Employment cases, no matter what type, can be very complex. Before you pursue a case in court, find out about other resources that can help. It is a good idea to talk with an employment lawyer about your situation. In some cases, a state or federal government agency may be able to help you. 

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Legal resources and where to find a lawyer
Legal Aid at Work is a California legal aid agency that provides attorneys and over 100 Fact Sheets on different areas of employment law, including equal pay, overtime, minimum wage protection, discrimination, what to do if you get hurt at work, and much more.
Small Claims | Superior Court of California | County of Tulare
For assistance with your small claims matter, please contact the Self-Help Resource Center by telephone at 559-737-5500 or by email at tcscselfhelpinfo@tulare.courts.ca.gov.

Contact Information
Tulare County Superior Court
Small Claims Division221 South Mooney Blvd
Room 201
Visalia, CA 93291​​​​​​​
​​​​​​​Phone: 559-730-5000

 

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Domestic Violence - domestic_violence
Domestic Violence - domestic_violence

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Domestic Violence

Print

 
 
 
 
 
 
 California’s court system handles thousands of cases each year involving domestic violence (sometimes referred to as "family" or "intimate partner" violence). Some of those cases are handled in the criminal court system, while others proceed through the family or juvenile court system. Information on domestic violence for those case types can be found below. Resources for victims and litigants are available on the California Courts Self-Help Center which includes court forms, instructions, and information about restraining orders and other court processes.

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Learn more about domestic violence and the criminal court process.

Family Law Cases
Personal injury cases | California Courts | Self Help Guide
There are several options for how to respond, you can learn more in “Decide What to Do if You are Sued”.
You can also sue the plaintiff back if you feel like the plaintiff caused you damages as well. In some cases, you can even lose the right to sue them later if you do not do it in the same lawsuit. Or, you can sue someone not already part of the lawsuit (a third party) that you think is to blame for the damage or injury, fully or in part.
To answer the complaint (which is one of your options to respond), you can use ANSWER–Personal Injury, Property Damage, Wrongful Death (form PLD-PI-003) or create your own answer. You may also be able to use a form called a General Denial (form PLD-050). Read the instructions on that form very carefully to make sure you can use it in your case.
To sue the plaintiff back or add a someone to the case (a third party) because they may be at fault, you can use Cross-Complaint–Personal Injury, Property Damage, Wrongful Death (form PLD-PI-002). This form includes several causes of action. Make sure you check and fill out at least one.
When talking to a lawyer is particularly important
Any side can benefit from consulting a lawyer. But, there are times when it is particularly important to get advice from a lawyer. For example:
Major injuries or unknown long-term injury. The personal injury suffered resulted or could result in disability or the extent of the injury and damages are not yet fully known. For example, there may be questions about whether the plaintiff can ever work again because of the injury or have other issues for the rest of their life. Or the injury is so significant or the potential damages (medical bills or losses in the future) are very large. 
Cases where it's not clear who is at fault.  A lawyer can especially help in cases where is confusion as to who really is at fault or there are several people who could be at fault. 

 

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