This form for use in litigation against an insurance company for bad faith breach of contract. Adapt this model form to fit your needs and specific law. Not recommended for use by non-attorney.
This form for use in litigation against an insurance company for bad faith breach of contract. Adapt this model form to fit your needs and specific law. Not recommended for use by non-attorney.
Plaintiff - The person who files the complaint in a civil lawsuit.
The Process To begin a civil lawsuit in federal court, the plaintiff files a complaint with the court and “serves” a copy of the complaint on the defendant.
Complaint: The complaint is the legal action in which one party (the plaintiff) sues another party (the defendant). Federal civil cases begin with the filing of a complaint.
Judge: The legal officer who presides over the courtroom and directs and controls the trial. Plaintiff: The person who accuses another and brings the lawsuit to court. Prosecutor: A public official who brings the government's case against a person accused of a crime and asks the court to convict that person.
A plaintiff starts a civil action by filing a pleading called a complaint. A complaint must state all of the plaintiff's claims against the defendant, and must also specify what remedy the plaintiff is seeking. After receiving the complaint, the defendant must respond with an answer.
What If A Juror Does Not Report as Instructed? Every resident of Contra Costa County who is qualified to serve must appear for jury service when summoned. Willful failure to appear is contempt of court. Contempt of court is punishable by fine or possible county jail time.
Conclusion: Going to small claims court may be worth it for $500, but it will determine how you weigh your costs versus benefits. At a minimum, it is worth it to send a demand letter.
Small claims basics Generally, you can only sue for up to $12,500 in small claims court (or up to $6,250 if you're a business). You can ask a lawyer for advice before you go to court, but you can't have one with you in court.
Under Code of Civil Procedure § 437c(c), a motion for summary judgment "shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law." (Code Civ.