Guide to the California Civil Lawsuit Process: What to Expect from Pre‑Filing Through Trial

The California civil lawsuit process can feel overwhelming, especially if you’re navigating it for the first time. Whether you’re pursuing a claim or defending against one, understanding each stage helps you make informed decisions and prepare for what’s ahead. This guide walks through the major steps of a typical California civil case — from the initial investigation through trial.

1. Pre‑Filing Stage

Before a lawsuit formally begins, much of the important groundwork happens behind the scenes. This stage typically includes:

• Fact gathering – Reviewing documents, communications, contracts, medical records, or any evidence related to the dispute.
• Legal analysis – Evaluating claims, defenses, and potential liabilities under California law.
• Pre‑litigation communication – Sending demand letters, making settlement proposals, or attempting informal resolution.
• Preservation of evidence – Ensuring relevant evidence is saved to avoid spoliation issues later.

Many disputes resolve at this stage without the need for filing a lawsuit.

2. Filing the Complaint

A civil case officially begins when the plaintiff files a complaint with the appropriate California Superior Court. The complaint outlines the legal claims and the relief sought. After filing, the court issues a summons—an official notice to the defendant that a lawsuit has been initiated.

3. Service of Process

The plaintiff must serve the defendant with both the complaint and the summons. California law requires proper service before the case can move forward. Once served, the defendant typically has 30 days to respond.

4. Defendant’s Response

The defendant may respond in several ways, including:

• Answer – Admitting or denying allegations and asserting defenses.
• Demurrer – Arguing that the complaint is legally insufficient even if the facts are true.
• Motion to strike – Requesting removal of improper claims or allegations.

If the defendant does not respond, the plaintiff can seek a default judgment.

5. Discovery Phase

Discovery is often the longest—and most critical—stage of litigation. Both sides exchange information to build their cases. Discovery tools include:

• Interrogatories – Written questions answered under oath.
• Requests for production – Demands for documents, videos, emails, or other evidence.
• Depositions – Oral testimony taken under oath before a court reporter.
• Requests for admission – Statements the opposing party must admit or deny.

This phase helps clarify the facts and determine the strengths and weaknesses of each side’s case.

6. Pre‑Trial Motions

Before trial, parties may file motions to narrow or resolve the issues. Common motions include:

• Motion for summary judgment – Asking the court to rule because there are no disputed material facts.
• Motions to compel – Seeking court assistance when the other side refuses to provide discovery.
• Motions in limine – Requesting limits on certain evidence or testimony at trial.

7. Settlement Discussions & Mediation

California courts encourage settlement throughout the lawsuit. Many cases resolve at this stage through:

• Informal negotiations
• Mediations with a neutral third party
• Settlement conferences with the court

Settling can save time, costs, and uncertainty compared to trial.

8. Trial

If the case does not settle, it proceeds to trial—either before a judge (bench trial) or a jury. A typical civil trial includes:

• Jury selection(if applicable)
• Opening statements
• Witness testimony and evidence presentation
• Cross‑examination
• Closing arguments
• Verdict

Trials can last anywhere from a single day to several weeks, depending on complexity.

9. Post‑Trial Motions & Appeals

After trial, parties may file post‑trial motions or pursue an appeal if they believe a legal error affected the outcome. Appeals focus on legal—not factual—issues and may take months or longer to resolve.

Final Thoughts

The California civil lawsuit process can be lengthy and complex, but understanding the major stages helps you anticipate what’s ahead and make informed decisions. Whether you’re considering filing a lawsuit or defending against one, speaking with experienced legal counsel is the best way to protect your interests and navigate the process with confidence.