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Elements (of a case) The existence of a legal duty that the defendant owed to the plaintiff. The defendant's breach of that duty. The plaintiff's sufferance of an injury. Proof that defendant's breach caused the injury (typically defined through proximate cause)
Filing the Documents Take the original and two (2) copies of the Motion to the Civil Division of the Clerk of Superior Court's office in the county where your case is filed. The Clerk will stamp each Motion ?filed,? place the original in the Court file and return two (2) copies of the ?filed? document to you.
Your complaint should contain: A caption which identifies the parties to the action. A concise statement of the facts. A short and plain statement of your claim(s) showing why you are entitled to relief. A statement of the relief that you seek.
A negligence claim requires that the person bringing the claim (the plaintiff) establish four distinct elements: duty of care, breach, causation, and damages. This article will describe these elements in more detail.
The Proof of Service should be typed or printed. If you have Internet access, a fillable version of this proof of service form is available at .courts.ca.gov/forms.htm. Second box, left side: Print the name of the county in which the legal action is filed and the court's address in this box.