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The Civil Litigation Process in California

April 2, 2025

Civil litigation is the legal process in California that resolves civil disputes between two or more parties through the court system. The parties can be individuals, businesses, or other entities, and the disputes can involve:

Note that civil disputes are not criminal disputes. Criminal cases are brought by the government against a party and allege a violation of criminal law.

What are the steps to take if you’re seeking to pursue civil litigation? A Santa Ana civil litigation attorney can provide you with all the pertinent details, but read on for a quick summary of what’s involved in most civil cases.

Steps in California Civil Litigation

The first step is for the plaintiff – that is, the aggrieved party – to file a complaint. A complaint is a document that sets forth the cause of action, such as a medical malpractice claim or a landlord-tenant dispute. The complaint must also specify the relief sought by the plaintiff. The relief is generally expressed in terms of monetary damages. This document must be served on the defendant. The defendant then has thirty days to respond. If the defendant fails to respond in a timely manner, the plaintiff can seek a default judgment. If the defendant responds, litigation commences. 

The next step is known as “Discovery.” Discovery is where the parties exchange information about their respective cases. These can take the form of interrogatories, depositions, or document exchanges. Interrogatories are written questions that must be answered in writing by the party receiving them, whereas depositions are oral interviews conducted in person. The person who is being deposed is sworn under oath, and a court reporter is present to record the deposition.

Following discovery, the parties generally use pretrial motions to further their case. A common pretrial motion in California is asking the court to transfer the case to another court for the convenience of the party requesting the transfer, or due to concerns about possible prejudice. Another common pretrial motion is a request to postpone the trial. Other pretrial motions include asking the court for permission to amend the complaint to add additional causes of action or to dismiss the complaint for lack of facts upon which the defendant can be found guilty. 

When discovery is complete, the parties are ready to file their post-discovery motions with the court. These could be dispositive motions, seeking to have the case dismissed, or non-dispositive motions, requesting the court to decide on an evidentiary or procedural issue. If the dispositive motion is unsuccessful, the case will progress to trial.

A trial is a pivotal moment in the legal process, where one party’s fate is determined by the court. In a bench trial, the judge will hear the case and render a decision, while in a jury trial, the jury will be tasked with determining the verdict. The plaintiff in the case bears the burden of proof, meaning they have to provide evidence and make a convincing argument to win the case. Civil cases are generally divided into two main categories based on the amount of money involved. The procedures are a little different between the two main types: 

  • Unlimited civil cases are cases for over $35,000. There is no limit on the amount that you can sue for.
  • Limited civil cases are cases for $35,000 or less

For lawsuits seeking damages of $12,500 or less, the plaintiff may be able to file in small claims court instead. Business entities, like a corporation, can sue for up to $6,250 in small claims court. 

Unlike in criminal cases, most people do not have the right to a court-appointed lawyer in civil cases. This means that, if you cannot afford a lawyer and you cannot get a legal aid or pro bono lawyer, you have to represent yourself.  Some civil cases are decided by judges or by a panel of commissioners. Other civil cases are decided by juries, where it is only necessary that at least 9 of the 12 jurors agree on the verdict.

The Required Standard of Proof

In most civil cases, the judge or jury must make a decision about which side wins based on a specific legal evidentiary standard. In California, there are two evidentiary standards in civil cases. One is called “preponderance of the evidence.” To prevail, the judge or jury must believe that your story is more likely than not. 

In other cases, the standard for reaching a decision is “clear and convincing evidence.” This means that, for you to win, you have to prove that your version of the facts is highly probable or reasonably certain, or “substantially more likely than not.”   

How do you know what the standard of proof is in your civil case? Talk with a Santa Ana civil litigation attorney who can advise you. But in cases, for example, where minors or vulnerable populations are involved, the court may require a plaintiff to meet the “clear and convincing evidence” standard, which is higher than “preponderance of the evidence.” 

Note that neither of these standards in civil litigation is as strong as the standard in criminal cases, which requires the state to prove that the defendant is guilty of the crime he or she is being charged with “beyond a reasonable doubt.”

Contact the Law Offices of Benjamin Arsenian PC

Most civil litigation – probably upwards of 90% – is settled before the trial begins. But it’s important to understand how your trial will proceed if you’ve filed a claim against another party. At the Law Offices of Benjamin Arsenian PC, we are uniquely positioned to help you prevail and get the compensation you deserve. In many cases, experience has a direct impact on the success of your civil litigation.  We have a long track record of success with our clients, and we can help you too. Contact us today for a confidential consultation.

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