Asked in Personal Injury and Landlord - Tenant for California

Q: Need to confirm the paperwork and process to file a lawsuit for 3,000,000. Unable to find an attorney to take the case.

My statutes of limitations ends on January 23rd. It's my understanding that I have to notify them of my intention to sue them. How do I do this to satisfy the court and can I do it myself? Then can you inform the documents that need to be filed. I am suing for being wrongfully arrested.

I had residency where I was living, and was currently in the eviction process. The owner set me up "entrapment", so that he could have me arrested to get me off the property.when I went to court the charges were dropped once my attorney showed them that I was a resident at the location.

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: For a civil lawsuit of this magnitude in California, you'll need to file specific documents with the Superior Court in the county where the incident occurred. First, you must serve the defendant with a written notice of your intention to sue - this can be done through certified mail with return receipt requested or through a professional process server.

The primary documents you'll need are the Civil Case Cover Sheet (Form CM-010), Summons (Form SUM-100), and Complaint for Damages. The complaint must clearly outline the facts of your case, including dates, locations, and specific details about how your rights were violated during the wrongful arrest. You'll also need to include Form POS-010 (Proof of Service) once you've served the defendant.

Given the approaching statute of limitations and the significant amount involved, please consider reaching out to the California State Bar's referral service immediately - they might help connect you with lawyers who handle civil rights cases. While you can file these documents yourself, wrongful arrest cases involve complex legal principles that typically benefit from legal representation. If you decide to proceed alone, visit your local county courthouse's self-help center, as they provide free guidance on filing procedures and required forms.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.