What actually happens in a California civil lawsuit.

Pre-filing assessment#

Every responsibly filed California civil case starts with a pre-filing assessment. The work product is a frank evaluation: what claims are viable, what defenses the other side will raise, what discovery will likely show, what damages are realistic, and what the litigation cost-through-trial will be against the realistic recovery.

The assessment phase often produces the most valuable single decision in the entire matter — proceed to demand letter, proceed directly to filing, or don't pursue. Cases that fail the assessment phase save the client the most money.

Statute of limitations#

Each cause of action has its own limitations period. Breach of written contract: 4 years (CCP §337). Breach of oral contract: 2 years (CCP §339). Fraud: 3 years (CCP §338). Personal injury: 2 years (CCP §335.1). Negligence: 2 years. Statutory claims have specific periods (FEHA, Lab Code, UCL §17200). Filing too late is fatal; filing close to the deadline can produce evidentiary problems regardless of the merits.

Conflicts and engagement#

California Rules of Professional Conduct require conflict checks before any prospective-client information is shared. After conflict clearance, the engagement letter defines scope, fee structure, and the matter's identification. Clients sometimes describe cases to multiple firms before deciding — Rule 1.18 protections against use of prospective-client information apply, but limit how the same information can be used.

Pleadings phase#

The complaint#

California is a fact-pleading state. Each cause of action requires the plaintiff to plead the elements of that claim with reasonable specificity. Conclusory allegations are vulnerable to demurrer. Claims have to be plausible on the face of the complaint; allegations that contradict each other or rest on speculation typically fail at pleading stage.

Defendant's response#

Defendants have 30 days from service to respond. The response can be (a) an answer, (b) a demurrer (challenging the pleading itself), (c) a motion to strike (challenging specific portions), (d) a motion to quash (challenging service), (e) a motion to transfer (challenging venue), or (f) some combination. Each option has tactical implications.

Demurrer practice#

Demurrers test the legal sufficiency of the complaint. If granted with leave to amend, the plaintiff has 30 days to refile. If granted without leave to amend, the cause of action is dismissed. Successful demurrers often narrow the case meaningfully — many California complaints have at least one cause of action that can't survive a well-drafted demurrer.

Cross-complaints#

Defendants who have claims of their own against the plaintiff (or against third parties) file cross-complaints. Compulsory cross-complaints (claims arising from the same transaction) must be filed with the answer or are barred. Permissive cross-complaints can be filed later by leave of court. Cross-complaints add complexity but often reflect the actual dispute structure more accurately than the plaintiff's narrower theory.

Discovery phase#

California civil discovery is among the broadest in the country. Tools include written discovery (interrogatories, requests for production, requests for admission), depositions, and subpoenas to non-parties. Discovery typically runs 6–18 months in routine cases — longer in complex matters.

Written discovery#

Form interrogatories (preprinted standard questions, 35 maximum responses), special interrogatories (custom questions, 35 maximum without leave), requests for production of documents, requests for admission. Each has 30-day response deadlines and meet-and-confer requirements before motions to compel. Discovery disputes are common and time-consuming; most cases produce at least one motion to compel during the discovery phase.

Depositions#

Sworn testimony taken under oath outside of court. Plaintiffs and defendants are deposed; key witnesses are deposed; experts are deposed. Each deposition typically runs 4–7 hours. Deposition transcripts are the central evidence base for summary judgment and trial.

Expert disclosure#

California requires expert disclosure within 50 days of trial (CCP §2034.220) — including expert identity, opinions, and basis for opinions. Failure to disclose timely is grounds for exclusion. Expert depositions follow disclosure.

Discovery cost reality#

Discovery is the most expensive phase of routine litigation. Depositions involve attorney time + court reporter + transcript fees; written discovery involves substantial document review; expert work is itself a meaningful line item. Discovery budgets that look reasonable at the start of the phase often double by the end. Phase pricing reduces the surprise — but doesn't eliminate the underlying cost driver.

Motion practice#

Discovery motions#

Motions to compel responses, motions to compel further responses, motions for protective orders, motions for sanctions. Discovery motions are common, time-consuming, and often produce orders that meaningfully shape the rest of the case (e.g., orders limiting the scope of discovery or sanctioning non-cooperative parties).

Summary judgment / summary adjudication#

California Code of Civil Procedure §437c is the summary-judgment vehicle. Available after discovery has produced the evidence needed to show no triable issue of material fact. Successful summary judgment ends the case (or specific causes of action) before trial. Most California civil cases that don't settle are decided at summary judgment, not trial. Filing requires 75-day notice — meaning the motion is served 75+ days before the hearing date.

Motions in limine#

Pre-trial motions to exclude or admit specific evidence. Filed shortly before trial; argued at the trial-readiness conference or on day one of trial. Successful motions in limine can dramatically narrow the trial scope.

Settlement and ADR#

Mandatory settlement conferences#

Most California Superior Courts require a mandatory settlement conference (MSC) before trial. The MSC is conducted by a settlement-officer judge or panel, who reviews the case and works with the parties toward settlement. MSCs are often serious settlement events; both sides come prepared with authority.

Mediation#

California civil cases settle most often at mediation — typically held 60–120 days before trial, sometimes earlier in case-specific scheduling orders. Mediation is voluntary in concept but often functionally mandatory by judge expectation. A skilled mediator costs $5,000–$15,000 for a full day; cases worth six- or seven-figures often justify two mediations.

CCP §998 offers#

California's offer-to-compromise statute (CCP §998) creates fee-shifting consequences when one party rejects a 998 offer and then fails to obtain a more favorable result at trial. The party who rejected the offer pays the other side's post-offer costs and (in tort cases) potentially expert fees. §998 offers are powerful settlement-pressure tools when used carefully.

Trial#

California Superior Court civil trials are typically jury trials when requested (jury fee deposit required at the time of demand). Trial length depends on case complexity — simple breach-of-contract cases often take 5–10 trial days; complex commercial disputes can run 3–6+ weeks.

Jury vs. bench#

Most parties demand jury trial. Bench trials (decided by the judge alone) are available where neither party demands a jury — typical in equity cases, accounting actions, and commercial cases by stipulation. Bench trials are often shorter and produce more predictable outcomes; jury trials can produce both larger verdicts and larger losses.

Trial timeline#

California's case-management orders typically set trial 12–24 months from filing for routine cases, longer for complex cases. Continuances are common; cases often see multiple trial-date adjustments before actually starting. Trial preparation in the final 60 days is intense.

Post-trial#

Judgment#

After trial, the prevailing party drafts and submits the proposed judgment. Once entered, the judgment is appealable (60 days from notice of entry) and enforceable. A money judgment isn't a check — it's a piece of paper that allows enforcement work to begin.

Costs and attorney fees#

Prevailing parties typically recover statutory costs (filing fees, deposition costs, expert fees in some cases) under CCP §1032 et seq. Attorney fees are recoverable only when authorized by contract or statute (e.g., FEHA, Lab Code, UCL injunctive relief). Cost and fee motions add post-judgment work and additional litigation.

Appeal#

The losing party can appeal to the California Court of Appeal within 60 days of notice of entry of judgment. Appellate work is its own specialized practice — typically 12–24 months from notice to decision. Most California civil judgments are not appealed.

Where most cases actually resolve#

California civil cases resolve at predictable points: (a) early dismissal/demurrer, (b) post-discovery summary judgment, (c) mandatory settlement conference, (d) mediation, (e) eve of trial, (f) trial. Roughly: 20–30% of cases resolve before discovery completes; 40–50% at or after summary judgment but before trial; the remainder go to trial or settle on the courthouse steps.

Phase pricing aligns with these resolution points. Each phase has a defined scope and cost; settlement at any transition between phases is a defensible choice that doesn't require burning through the next phase's budget. The math becomes transparent at each decision point — not retrospective at the end.