Navigating the Litigation Process in California for New Practitioners

Starting your litigation practice in California can be both exciting and overwhelming. While law school offers theoretical foundations, real-world litigation involves mastering procedure, managing client expectations, and making strategic decisions at every stage of a case. California’s procedural rules are complex, deadlines are unforgiving, and the learning curve is steep.

This guide is designed to help new practitioners—especially junior associates, solo attorneys, and recent admittees—understand the practical steps of civil litigation in California state courts. With planning, precision, and the right resources, you can confidently guide a case from complaint to resolution.

Understanding the California Court System

Most civil litigation in California takes place in superior courts, which have jurisdiction over general civil matters, including contract disputes, tort claims, real estate cases, and more. The court system is divided by county, and each local court may have its own rules—so knowing your venue is essential.

Key courts to familiarize yourself with include:

• Los Angeles Superior Court – One of the busiest court systems in the world, with detailed local rules.
• San Francisco Superior Court – Known for its active law and motion department.
• San Diego, Orange, and Sacramento Superior Courts – Each with unique e-filing systems, hearing procedures, and judge preferences.

Always review both California Rules of Court (CRC) and the applicable Local Rules of the court where your case is filed.

The Complaint: Filing and Service

Litigation begins with the complaint, which must contain a concise statement of facts constituting the cause(s) of action and a demand for relief. In California, be mindful of the following:

• Form pleadings are discouraged in most civil cases. A clear, factually detailed complaint will withstand demurrers more effectively.
• Verification is sometimes required (e.g., in certain fraud or family law matters).
• Statute of limitations varies by claim—review deadlines carefully to avoid malpractice traps.

Once the complaint is filed, it must be served properly under Code of Civil Procedure § 415.10 et seq. Substituted or publication service may be used only after reasonable diligence with personal service.

The Defendant’s Response

The defendant typically has 30 days from service to respond. Common responsive pleadings include:

• Answer – Admits or denies allegations and raises affirmative defenses.
• Demurrer – Challenges the legal sufficiency of the complaint.
• Motion to Strike – Requests that improper material be removed (e.g., irrelevant, false, or improper content).
• Anti-SLAPP Motion – A powerful tool in cases involving protected speech or petitioning activities (see CCP § 425.16).

Each responsive pleading has its own timing and procedural rules. If you’re responding to an Anti-SLAPP motion, be especially careful with deadlines, which are strict and require early action.

Case Management and Early Motion Practice

California courts manage their dockets actively. After filing and service, you’ll receive a Notice of Case Management Conference (CMC). Here’s what to expect:

• Case Management Statement (Form CM-110) must be filed and served before the CMC.
• Be prepared to discuss service, discovery, ADR, motion plans, and trial dates.
• CMCs may be held in person or virtually depending on the court.

Early motion practice—such as motions to compel arbitration, demurrers, or motions to strike—can shape the course of the case. Know when to raise legal issues and when to preserve them for later.

Discovery: Gathering Evidence

Discovery can make or break a case. In California, it typically begins after the defendant appears, unless expedited discovery is ordered.

Common discovery tools include:

• Form Interrogatories (Judicial Council-approved; useful for efficiency).
• Special Interrogatories and Requests for Admission – Must comply with numerical limits under CCP § 2030.030.
• Requests for Production – Used to obtain documents or tangible items.
• Depositions – Oral or written, with specific notice and timing rules.
• Subpoenas – Often used for non-parties; follow specific service requirements.
  

Discovery disputes are frequent, and motions to compel must comply with meet-and-confer obligations. Judges expect good faith cooperation and timely action—especially in congested courts.

Law and Motion Practice

California civil litigation includes extensive motion practice. Key pretrial motions include:

• Motion for Summary Judgment (MSJ) – A powerful tool to resolve all or part of a case before trial. Follow strict notice, filing, and evidence rules under CCP § 437c.
• Motions in Limine – Filed just before trial to exclude evidence.
• Sanctions Motions – For discovery abuse or litigation misconduct, but use cautiously.

Mastering declarations, proper exhibits, and calendaring rules is crucial in motion practice. Courts can be unforgiving if filing deadlines are missed or if rules are not followed.

Trial Preparation and Trial

If your case proceeds to trial, preparation begins well in advance. Key steps include:

• Trial Setting Conference (TSC) – Usually sets the firm trial date.
• Pretrial exchange of evidence and witness lists – Required under CRC § 3.727 and local rules.
• Trial Briefs – Often optional but recommended for framing the issues.
• Jury Instructions and Verdict Forms – Draft early using CACI (Judicial Council of California Civil Jury Instructions).

Trial in California may be before a jury or judge, and courtroom procedures vary. Know your judge’s preferences, observe in advance if possible, and prepare your client for what to expect.

Post-Trial and Appeal

Post-trial motions, such as motions for a new trial or to vacate judgment, must be filed quickly—often within 15 to 30 days. If your client wishes to appeal, strict deadlines apply under the California Rules of Court, Title 8.

Work with appellate counsel early if you’re unfamiliar with appellate procedures. Errors in timing or record designation can doom even a strong appeal.

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