Civil Self Help
Getting Started On Your Own
You are not required to have a lawyer in your civil case. You may represent yourself, or you may want to hire a lawyer to handle just one part of your case. Many civil cases use court forms that are available for free at www.courtinfo.ca.gov or for a fee at any Superior Court in California. Listed below are the forms used for the following types of civil cases:
- Small Claims Court
- Name Change
- Landlord/Tenant – Unlawful Detainer
- Civil Harassment Restraining Order
- Domestic Violence Restraining Order
- Elder Abuse Restraining Order
- Alternative Dispute Resolution
***
Small Claims Court
Many issues relating to small claims court are discussed in California Judicial Council Information for the Small Claims Plaintiff California Judicial Council form SC-150. Small claims forms are free, but there is a filing fee that is based on the amount of the claim. Fee waivers are available.
In brief:
- Small claims court cases have a limit of $5000 in damages recoverable for businesses or public entities, or $7500 for an individual.
- It is very important to sue the defendant by the correct name.
- In most cases, defendant must be served in California with a copy of plaintiff’s claim in California. Service must be made either in person by someone other than the plaintiff, or by mail by the clerk of the court. For more information, see “What is ‘Proof of Service’?” California Judicial Council form SC-104B, and “How to Serve a Business or Public Entity” (SC-104C).
- Winning a judgment does not mean you will actually be paid any money. See Notice of Entry of Judgment (SC-130) for details about what happens after judgment.
- If you do not speak English, you must bring your own interpreter to court.
Starting a case:
California Judicial Council Forms
- Plaintiff’s Claim and Order to go to Small Claims Court (SC-100)
- Other Plaintiffs or Defendants (SC-100A) (optional)
- Fictitious Business Name (SC-103) (if plaintiff operates under fictitious business name)
- Proof of Service (SC-104)
- Proof of Mailing (Substituted Service) (SC-104A)
- Authorization to Appear on Behalf of Party (SC-109) (optional)
- Small Claims Subpoena for Personal Appearance and Production of Documents at Trial or Hearing and Declaration (SC-107) (optional)
For defendants:
If you want to make a claim against the person who sued you:
- Defendant’s Claim and Order to go to Small Claims Court (SC-120)
- Other Plaintiffs or Defendants (SC-120A) (optional)
- Fictitious Business Name (SC-103) (if plaintiff operates under fictitious business name)
- Proof of Service (SC-104)
- Proof of Mailing (Substituted Service) (SC-104A)
- Authorization to Appear on Behalf of Party (SC-109) (optional)
- Small Claims Subpoena for Personal Appearance and Production of Documents at Trial or Hearing and Declaration (SC-107) (optional)
After judgment is entered:
To appeal: Notice of Appeal (SC-140). Only the defendant can appeal, not the plaintiff, and only if the defendant was present for the trial.
To vacate judgment: Notice of Motion to Vacate Judgment and Declaration (SC-135). If the defendant was not present for trial, the defendant may be able to bring a motion to vacate the judgment.
If defendant does not pay the judgment, plaintiff may ask the court to order the defendant to come to court to answer questions about his or her ability to pay:
Application and Order to Produce Statement of Assets and to Appear for Examination (SC-134). In such a case, defendant must complete Judgment Debtor’s Statement of Assets (SC-133) and take it to the hearing.
If a defendant wants to pay the judgment:
- In installments: Request to Pay Judgment in Installments (SC-106)
- To the court: Request to Pay Judgment to Court (SC-145)
For attorney fee disputes
Attorney Fee Dispute (After Arbitration) (SC-101)
Attorney-Client Fee Dispute (Attachment to Notice of Entry of Judgment) (SC-132)
Small Claims Advisor
For further information about filing or defending a claim, and collecting or paying a judgment, contact the Small Claims Court advisor at 760 482-2238.
***
Name Change
- Complete and file California Judicial Council Forms
- Civil Case Cover Sheet (CM-0100)
- Petition for Change of Name (NC-100) (includes instructions)
- Attachment to Petition for Change of Name (NC-110)
- If the petitioner is a guardian of a minor: Supplemental Attachment to Petition for Change of Name (Declaration of Guardian) (NC-110G)
- Complete and submit to court:
- Order to Show Cause for Change of Name (NC-120): The Order to Show Cause must submitted to the court for a judge’s signature and filing, and then published once a week for four consecutive weeks before the hearing in a newspaper of general publication.
- Proof of Service of Order to Show Cause (Change of Name) (NC-121): The proof of service must show proper service on parents or grandparents as required by instructions.
· If you cannot pay the filing fee of $355, you may use the following forms to apply for a fee waiver:
o Information Sheet on Waiver of Superior Court Fees and Costs (FL-001-INFO)
o Request to Waive Court Fees (FL-001)
o Order on Court Fee Waiver (FL-003)
- Take a completed original of one of the following document to the hearing for the judge to sign and file: Decree Changing Name (NC-130) or if the name change is for a minor: Decree Changing Name of Minor (By Guardian) (NC-130G)
- If you want to change a birth certificate to show the name change, contact: California Department of Health Services, Office of Vital Records, MS 5103, P.O. Box 997410, Sacramento CA 95899-7410; phone (916) 445-2683; www.dhs.ca.gov
***
Landlord/Tenant: Unlawful Detainer
California Judicial Council Forms
- Civil Case Cover Sheet (CM-010)
- Summons – Unlawful Detainer/Eviction (SUM-130)
- Complaint – Unlawful Detainer (UD-100)
- Proof of Service of Summons (POS-010)
- Answer – Unlawful Detainer (UD-105) (for defendant tenant to complete)
If either party cannot pay the filing fee of $220-$355 (depending on demand of complaint), he or she may use the following forms to apply for a fee waiver:
o Information Sheet on Waiver of Superior Court Fees and Costs (FL-001-INFO)
o Request to Waive Court Fees (FL-001)
o Order on Court Fee Waiver (FL-003)
Optional forms:
- Prejudgment Claim of Right to Possession (CP-10.5) (for tenants who are not named as defendants to complete)
- Form Interrogatories (UD-106)
Responding to a complaint for unlawful detainer:
- The Answer Unlawful Detainer (UD-105) must be filed within 5 days after you are served with a copy of the summons is served on you.
If the tenant(s) do(es) not file an answer:
- Request for Entry of Default (CIV-100)
- Declaration for Default Judgment by Court (UD-116)
If the tenant(s) file an answer:
- Request to Set Case for Trial – Unlawful Detainer (UD-150)
If the parties agree:
- Stipulation for Entry of Judgment – Unlawful Detainer (UD-115)
After trial or stipulation:
- Judgment – Unlawful Detainer (UD-110)
In order to dismiss the case:
- Request for Dismissal (CIV-110)
In order to remove the tenant from the property after judgment which included possession:
- Writ of Execution (EJ-130)
Note: When the complaint is filed the court will set a Case Management Conference at 45 days. This is a status conference only, not a trial. Answers are due 5 days after service.
***
Civil Harassment Restraining Order
A civil harassment restraining order may be available if you are worried about your safety because someone has stalked, harassed, sexually assaulted or threatened you with violence. You may be able to get a temporary restraining order issued to protect you until the date of a hearing. After a hearing, you may be granted a civil harassment restraining order which could last up to 3 years. There is no filing fee if you have been stalked or the restrained person has used or threatened to use violence against you. Either party may also apply for a fee waiver.
Before beginning or responding to a case, read California Judicial Council Forms:
- General information for person to be protected: “Can a Civil Harassment Restraining Order Help Me?” (CH-150)
- General information for person to be restrained: “How Can I Answer a Request for Orders to Stop Harassment?” (CH-151)
- What is Proof of Service? (CH-135)
Starting a case:
California Judicial Council Forms
- Request for Orders to Stop Harassment (CH-100)
- Notice of Hearing and Temporary Restraining Order (CH-120)
- Confidential California Law Enforcement Telecommunications System (CLETS) Information Form (CH-102)
- Reissue Temporary Restraining Order (CH-125) (if prior order made)
- Proof of Personal Service (CH-130)
- Answer to Request for Orders to Stop Harassment (CH-110)
- Proof of Service By Mail (CH-131)
- Restraining Order After Hearing to Stop Harassment (CH-140)
- Proof of Firearms Turned in or Sold (CH-145)
Imperial Superior Court Local Forms
- Declaration re: Ex Parte Notice FL-06(A)
- Application in Support of Ex Parte Request FL-06(B)
Procedural overview:
Fill out and take to the court clerk’s office for processing and filing:
- Request for Orders to Stop Harassment (CH-100)
- Notice of Hearing and Temporary Restraining Order (CH-120)
- Confidential CLETS Information (CH-102)
- Reissue Temporary Restraining Order (CH-125) (if prior order made)
- Declaration re: Ex Parte Notice FL-06(A)
- Application in Support of Ex Parte Request FL-06(B)
If the court grants a temporary restraining order or sets a hearing date, have someone else serve a copy of the following on the person to be restrained:
- Request for Orders to Stop Harassment (CH-100)
- Notice of Hearing and Temporary Restraining Order (CH-120)
- Reissue Temporary Restraining Order (CH-125) (if prior order made)
Together with blanks of:
- Answer to Request for Orders to Stop Harassment (CH-110)
- Proof of Service by Mail (CH-131).
The person who gave the papers to the person to be restrained must sign a Proof of Personal Service (CH-130), which must be filed at the clerk’s office before the hearing.
After being served, the person to be restrained may file a completed:
- Answer to Request for Orders to Stop Harassment (CH-110)
- Proof of Service By Mail (CH-131).
After the hearing, if a restraining order is issued, complete and file:
- By the person to be protected: Restraining Order After Hearing to Stop Harassment CH-140.
- By the person to be restrained: Proof of Firearms Turned In or Sold (CH-145)
***
Elder Abuse Restraining Order
An elder abuse restraining order can be granted to a person 65 years or older or a dependent adult if he or she has been abused physically, emotionally or financially, neglected, abandoned or abducted, isolated or deprived by a caregiver of necessary goods or services. The order could last up to 3 years. There is no filing fee. Before beginning your case, read California Judicial Council Forms:
- General information for party to be protected: “Can a Restraining Order to Prevent Elder or Dependent Adult Abuse Help Me?” (EA-150-INFO)
- General information for party to be restrained: “How Can I Respond to a Request for Orders to Stop Elder or Dependent Adult Abuse?” (EA-151-INFO)
- What is “Proof of Service?” (EA-142-INFO)
Starting a case:
California Judicial Council Forms:
- Request for Orders to Stop Elder or Dependent Adult Abuse (EA-100)
- Notice of Hearing and Temporary Restraining Order (EA-120)
- Confidential California Law Enforcement Telecommunications System (CLETS) Information Form (EA-102)
- Request and Order for Reissuance of Temporary Restraining Order (EA-125) (if order previously made in the same case)
- Proof of Personal Service (EA-140) (for completion by someone other than person to be protected)
- Response to Request for Orders to Stop Elder or Dependent Adult Abuse (EA-110) (for completion by person to be restrained)
- Proof of Service by Mail (EA-141) (for completion by someone other than person to be restrained)
- Order After Hearing Restraining Elder or Dependent Adult Abuse (EA-130)
- Proof of Firearms Turned In or Sold (EA-145)
Imperial Superior Court Local Forms
- Declaration re: Ex Parte Notice FL-06(A)
- Application in Support of Ex Parte Request FL-06(B)
Procedural Overview:
Fill out and take to the court clerk’s office for processing and filing:
- Request for Orders to Stop Elder or Dependent Adult Abuse (EA-100)
- Notice of Hearing and Temporary Restraining Order (EA-120)
- California Law Enforcement Telecommunications System (CLETS) Information Form (EA-102)
- Request and Order for Reissuance of Temporary Restraining Order (EA-125) (if order previously made in the same case)
- Declaration re: Ex Parte Notice FL-06(A)
- Application in Support of Ex Parte Request FL-06(B)
If the court grants a temporary restraining order or sets a hearing date, have someone else serve a copy of the following on the person to be restrained:
- Request for Orders to Stop Elder or Dependent Adult Abuse (EA-100)
- Notice of Hearing and Temporary Restraining Order (EA-120)
- Request and Order for Reissuance of Temporary Restraining Order (EA-125) (if order previously made in the same case)
Together with blanks of:
- Response to Request for Orders to Stop Elder or Dependent Adult Abuse (EA-110)
- Proof of Service by Mail (EA-141) (for completion by someone other than person to be restrained)
Have the person who served the documents for the person to be restrained complete, sign and file before the hearing:
- Proof of Personal Service (EA-140)
After being served, the person to be restrained may file a completed:
- Response to Request for Orders to Stop Elder or Dependent Adult Abuse (EA-110)
- Proof of Service by Mail (EA-141) (completed by someone else)
After the hearing, complete and file:
- By person to be protected: Order After Hearing Restraining Elder or Dependent Adult Abuse (EA-130)
- By person to be restrained: Proof of Firearms Turned In or Sold (EA-145)
***
Alternative Dispute Resolution
NOTICE: In all general civil cases, plaintiff and cross-complaints are required to serve this form on each defendant or new party to the action.
Alternative Dispute Resolution (ADR) may help resolve disputes without trial. ADR is usually less expensive, less formal and less time consuming than a trial. ADR can also be less adversarial and may provide parties with the opportunity for more creative and/or flexible outcomes than can be achieved in trial. Since various ADR methods may or may not be appropriate in any particular case, it is advisable to consult with an attorney about options available.
Mediation
An impartial person called a “mediator” helps the parties try to reach a mutually agreeable resolution of the dispute. The outcome is decided only by the parties. If the parties do not reach an agreement, the mediator does not make any decisions or recommendations to the court. Mediation is useful when the parties have a relationship they wish to preserve. Mediation may not be as useful if one of the parties is unwilling to compromise, or if one party has significant power over the other. The only court sponsored mediation service available in the Imperial Superior Court is for child custody and visitation.
Arbitration
An impartial person called an “arbitrator” listens to evidence and argument from both sides and then decides the outcome. Arbitration is less formal than a trial, and the rules of evidence may be relaxed. Pursuant to Imperial Superior Court Local Rules, Division 5 – Arbitration, Rule 3.5.0, all non-exempt unlimited civil cases where the amount in controversy does not exceed $50,000 as to any plaintiff, and all limited civil cases shall be submitted to arbitration under CCP 1141.10 et seq.
Settlement Conference
The parties and their attorneys meet with a judicial officer to discuss possible settlement of the dispute. The judicial officer assists the parties in evaluating the strengths and weaknesses of the case, but does not make any decision. Settlement conferences are scheduled upon request of the parties and order of the judge assigned to the case.
Additional Information
For information on Superior Court of California, County of Imperial’s arbitration process see the Local Rules at www.imperial.courts.ca.gov and Stipulation to Use of Alternative Dispute Resolution Process, Local Form GN-02.
INTERNET SITES
Courts
Imperial County Superior Court www.imperial.courts.ca.gov
California Courts Online Self Help Center: www.legalselfhelp.ca.gov
Centro de Ayuda de las Cortes de California: www.sucorte.ca.gov
California 4th District Court of Appeal:
www.courtinfo.ca.gov/courts/courtsofappeal/4thDistrictDiv1/4dca_stepbystep
United State Bankruptcy Court for the Southern District of California:
www.casb.uscourts.gov
Child Support
California Department of Child Support Services: www.childsup.ca.gov
California Guideline Child Support Calculator:
www.childsup.ca.gov/Resources/CalculateChildSupport/tabid/114/Default.aspx
California Laws
California Codes and Constitution: www.leginfo.ca.gov
Libraries
Ask Now Law Librarian: www.247ref.org/portal/access_law3.cfm
Public Law Library: www.publiclawlibrary.org
Blank Pleading Paper www.saclaw.lib.ca.us
Legal Services Providers
Legal Aid Referrals: www.lawhelp.org
option=displaypage&Itemid=139&op=page&SubMenu=
Center for Family Solutions: www.womanhaven.org
Elder Law & Advocacy www.seniorlaw-sd.org
California Senior Legal Hotline www.seniorlegalhotline.org
