Torts For Dummies In Santa Clara
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As an individual you can use Small Claims Court if your claim is for $12,500 or less. If you are an individual who owns a business (i.e. sole proprietor) and do business under a fictitious business name, you are considered to be an "individual" in Small Claims Court.
Simply put, a tort is an action by one party which results in loss or harm to another party and is governed by civil, not criminal, law. There are three main categories of torts: intentional, negligent, and strict liability. Assault, battery, and fraud are common examples of intentional torts.
If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You “serve” (mail) your motion to the other side.
Timeline of How to File a Lawsuit Step 1: File a Complaint. Plaintiff files a complaint and summons with the local county court. Step 2: Answer Complaint. Step 3: Discovery. Step 4: Failing to Respond to Discovery. Step 5: Conclusion of Lawsuit.
The Santa Clara Small Claims Court Clerk is located on the 1st floor of the Downtown Superior Court, 191 North 1st Street, San Jose, CA 95113. Once you walk past security the Small Claims Court Clerk's office is to the right of the 1st floor.
Personal injury: 2 years from the injury. Breach of a written contract: 4 years from the date the contract was broken. Breach of an oral contract: 2 years from the date the contract was broken. Property damage: 3 years from the date the damage occurred.
Fill out the forms Fill out the Summons (form SUM-100) and a Complaint. Also, fill out a Civil Case Cover Sheet (form CM-010). Since you are the one filing a lawsuit, you're called the plaintiff. The person or company you're suing is the defendant.
Fill out the Summons (form SUM-100) and a Complaint. Also, fill out a Civil Case Cover Sheet (form CM-010). Since you are the one filing a lawsuit, you're called the plaintiff. The person or company you're suing is the defendant.
Figure out the deadline to serve Unless the court orders a different time to serve, your server must mail the papers at least 16 court days plus 5 calendar days before your court date. A court day is a day the court is open (Monday through Friday, excluding court holidays). How do I calculate the deadline?
Your answer should include the court name, case name, case number, and your affirmative defenses. Print three copies of your answer. File one with the clerk's office and mail (or “serve”) one to the plaintiff or plaintiff's attorney. The plaintiff is the debt collector, creditor, or law firm suing you.