Lawsuit Process

Parties

• Plaintiff – The party filing the lawsuit
• Defendant – The part being sued.
• DOES – Unnamed defendants. When the Plaintiff is not sure of thee defendants names, status of their legal existence or doesn’t know if they are named or may be named
• Cross Complainant – Defendant may sue Plaintiff and Defendant will be cross complainant and Plaintiff will be cross defendant. Within the same lawsuit and between a minimum of one defendant and plaintiff
• Cross Defendant – Typically Plaintiff

Venue & Jurisdiction

• Venue – Location where lawsuit should be filed such as Los Angeles county.

Jurisdiction

• Personal – Whether the Court has authority to act over you based upon where you live. If you live in NY can a CA Court force you into a CA Court to decide your case
• Subject matter – Whether the subject of your lawsuit can be decided by that Court. A Probate Court decides will contests not the Civil Court.

Service

American Courts require due process and notice that a lawsuit is filed against you. There are a few methods for the Courts to have authority to decide your case. You must be served with the Lawsuit-typically a Complaint, Summons and various State forms.

Methods of Serving You

• Personal
• Substituted Service
• Publication