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Represent yourself in California Superior Court for a case worth up to $25,000! Some cases are too big for small claims court and too small to interest a lawyer. But Win Your Lawsuit takes you step by step through the entire process of a limited jurisdiction case in California Superior Court. Take on common types of civil court cases worth up to $25,000, including: -contract disputes -personal injuries -property damage cases -business disputes Whether you're bringing the suit or defending against one, this plain-English legal guide shows you how to prepare a complaint, file and serve papers, participate in settlement negotiations, present a case and much more. All the forms you need are included. Written by Roderic Duncan, a retired California Superior Court judge, this book includes the legal insight and practical tips that only a judge with over 25 years of experience can provide. List of Forms Request for Dismissal Blank Pleading paper Attachment to Judicial Council Form Complaint-Personal Injury, Property Damage, Wrongful Death Cause of Action-Motor Vehicle Cause of Action-Premises Liability Cause of Action-General Negligence Cause of Action-Intentional Tort Exemplary Damages Attachment Complaint-Contract Cause of Action-Breach of Contract Cause of Action-Breach of Warranty (Merchantability) Cause of Action-Breach of Warranty (Fitness) Civil Case Cover Sheet Civil Case Cover Sheet Addendum and Statement of Location Case Questionnaire-For Limited Civil Cases Information Sheet on Waiver of Court Fees and Costs Summons Notice and Acknowledgment of Receipt-Civil Proof of Service by First-Class Mail-Civil Application and Order for Appointment of Guardian Ad Litem-Civil Proof of Service of Summons Answer-Personal Injury, Property Damage, Wrongful Death Answer-Contract Answer-General Denial Cross-Complaint-Personal Injury, Property Damage, Wrongful Death Request for Entry of Default Judgment Declaration Form Interrogatories-Economic Litigation Request for Admissions Amendment to Complaint (Fictitious/Incorrect Name) Case Management Statement Request for Statement of Witnesses and Evidence Civil Subpoena for Personal Appearance at Trial or Hearing Civil Subpoena (Duces Tecum)

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Do You Have a Good Case? Introduction If you are a defendant, some of this chapter isn't directly relevant. However, it's still a good idea to read the whole chapter carefully. It will help you evaluate the strength of the plaintiff's case as well as the strength of your own defense. It will also give you an idea of some arguments the plaintiff might make and the amounts the plaintiff might try to collect. Before you file a lawsuit, ask yourself two questions: How good are my chances of winning? If I win, will I be able to collect? If your answers lead you to conclude your chances are good, then you need to ask a third question: How much should I sue for? This chapter guides you through these questions. Specifically, it shows you how to: determine whether the deadline for filing your kind of lawsuit has passed (Section A) evaluate the strength of your evidence (Section B) preserve your evidence (Section C) figure out whether you can collect if you win (Section D), and decide how much to sue for (Section E). Never sue just to "get even." If you don't care about recovering money and only have a burning desire to get even with someone, I'd advise you not to file a civil lawsuit. Judges figure out your motives and treat these cases harshly, and everyone loses -- the plaintiff and the defendant. But if court is the only place you can go to right a wrong, then file. Remember, however, the ancient Gypsy curse "May you be involved in a lawsuit in which you know you are right." A. Is Your Case Fresh Enough? For all sorts of reasons, lawmakers have decided that courts should decide recent cases, not old ones. The main reason is the fact that evidence (especially people's memories) is more accessible and trustworthy when it's fresh. There's a practical side to things, too -- many courts are very busy and would be overwhelmed if they entertained old cases. There's also an element of fairness involved -- would-be defendants shouldn't have to spend years wondering whether a lawsuit is about to fall on them. Laws called "statutes of limitations" govern the time period within which you're permitted to sue after the incident that led to the lawsuit occurred. If the statute of limitations period has passed, in most cases it's useless to sue. (But see "Don't Automatically Give Up on Old Claims," below.) The statute of limitations period differs according to the type of case, as explained in "Statutes of Limitation," below.

 

Represent yourself in California Superior Court for a case worth up to $25,000!

1. Is This Book for You? A. Lawsuits Covered in This Book B. People Who Can Use This Book C. Lawsuits This Book Does Not Cover D. When You Have a Choice: Small Claims Court E. The Pros and Cons of Representing Yourself F. The Course of a Typical Limited Jurisdiction Case G. Finding the Law, On Paper and Online H. General Instructions for Filling Out Your Forms 2. Do You Have a Good Case? A. Is Your Case Fresh Enough? B. Evaluating the Evidence C. Preserve Your Evidence Now D. Can You Collect the Judgment If You Win? E. How Much Should You Sue For? 3. Can't We Settle This Somehow? A. Why Would You Want to Settle Out of Court? B. How Much Are You Willing to Settle For? C. Should You Use a Third Person to Help You Settle? D. Making a Settlement Offer E. Taking Care of the Details F. Should a Lawyer Review the Settlement Agreement? G. If You're Worried About Getting Paid 4. Deciding Where and Whom to Sue A. Selecting the Plaintiff(s) B. Selecting the Defendant(s) C. Making Sure You Can Sue in California D. Selecting the Right Court 5. Preparing the Complaint A. Beginning Your Tort or Contract Complaint B. Tort Complaints: Personal Injury, Property Damage, and Wrongful Death C. Contract Complaints D. Complaints for Other Types of Lawsuits E. Preparing the Summons and Cover Sheet F. Preparing a Case Questionnaire G. Requesting a Waiver of the Filing Fee H. Preparing an Attachment 6. Filing the Papers A. Call the Clerk's Office B. Photocopy Your Documents C. Filing the Papers D. Filing the Papers in Person E. Filing the Papers by Mail or Fax 7. Serving the Papers on the Defendants A. Completing the Summons B. Serve Your Papers by Mail C. Selecting a Process Server D. Serving the Summons and Complaint E. Completing the Proof of Service F. Serving Other Papers as the Case Proceeds 8. Lawsuits From the Defendant's Point of View A. Initial Steps B. Decide Whether to Represent Yourself C. Ask for More Time D. Prepare an Answer E. Prepare a Cross-Complaint F. File and Serve the Answer and Cross-Complaint G. What Happens Next? 9. If the Defendant Doesn't Respond A. Taking the Defendant's Default B. Applying for a Judgment C. Court Hearings on Your Default D. Setting Aside a Default Judgment 10. Discovery A. Types of Discovery B. Discovery Rules and Limits C. Doing Your Own Discovery D. Responding to Discovery E. Less-Used Methods of Discovery F. Failing to Respond to a Discovery or Case Questionnaire Request G. Discovering Doe Defendants 11. The Opposition Gets Nasty: Summary Judgment and Other Motions A. Motion for Summary Judgment B. Motion for Summary Adjudication of Issues C. Motion for Judgment on the Pleadings D. Other Motions: Demurrers, Motions to Quash, and Motions to Strike E. Demand for Bill of Particulars 12. Moving Your Case to Arbitration and Trial A. Meeting With Your Opponent B. Completing the Case Management Statement C. Requesting Judicial Arbitration D. Preparing for the Arbitration Hearing E. Attending the Arbitration Hearing F. The Arbitration Decision 13. Preparing for a Trial or Arbitration A. A Short Course in the Rules of Evidence B. Request for Statement of Witnesses and Evidence C. Live Witnesses or Written Declarations D. Using Written Declarations E. Having Witnesses Attend a Trial or Arbitration Hearing F. Making a Chart of Your Evidence G. Making a Trial Binder H. Drafting Questions to Ask Your Witnesses I. Attending a Settlement Conference 14. Trial Before a Judge 15. Trial Before a Jury 16. After the Trial 17. Finding a Good Lawyer Appendix: Tear-Out Forms Index

Roderic Duncan was ppointed to the California Municipal Court in 1975, and he was elected to the California Superior Court bench in 1987. Over the years, he has been a lecturer and faculty member at two dozen educational programs for judges. In 1990, he was chosen the Judicial Officer of the Year by the California State Bar, Family Law Section.