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 CIVIL CASES
Civil ActionThe filing of a complaint commences a Civil action. This is the means by which
the Court acquires jurisdiction of the case and is the start of a case file.
Some common types of actions are:
- Unlawful Detainer Actions
(EVICTIONS)
An Unlawful Detainer is a civil action in which a landlord/owner brings suit
against a tenant to obtain a court order giving the holder of property the
right to regain possession of the property from the tenant. Before the
complaint is filed, the plaintiff must serve a Notice to Pay Rent or Quit on
the tenant. If the tenant refuses to comply with the notice, and does not
either pay the rent or quit the premises, the plaintiff may then file his/her
Unlawful Detainer complaint.
Click here for more information about Landlord/Tenant cases
.
- Breach of Contract Actions
The plaintiff and defendant have entered into an agreement ("contract"), and
defendant fails to meet his obligation under the agreement. This failure may
consist of a failure to provide goods and/or services, or a failure to pay for
goods delivered or for services already rendered. The contract may be either
written or verbal.
- Tort - Personal Injury or Property Damage Actions
The plaintiff has been injured, and sues the defendant, claiming that the
defendant caused the plaintiff's injuries through negligence. The plaintiff's
personal or real property has been damaged and the plaintiff sues the
defendant, claiming that the defendant caused the damage through negligence.
- Small Claimscourts hear matters where the dollar amount in dispute does not
exceed $7500 for natural persons. Refer to the
Small Claims Web page for more detail.
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Limited Jurisdiction courts hear matters where the dollar amount in dispute or
value of the property does not exceed $25,000 and most Unlawful Detainer cases.
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General Jurisdiction courts hear all other matters.
For more information go
to the California
Courts website.
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