How a Business Lawsuit Works in California, Step by Step

Last updated: November 2026

The civil lawsuit process in California moves a business case through six stages: pleadings, case management, discovery, pretrial motions, settlement efforts, and trial followed by judgment. The defendant's response is due 30 days after service, and discovery closes 30 days before trial. Most contested cases in Orange County and Los Angeles take a year or more to reach trial, and the majority settle before they get there. Kolmogorov Law, P.C. guides businesses through each stage as plaintiff or defendant.

Call (909) 235-6116 or contact us online to discuss where your case stands.

Stage one: complaint and response

The case begins when the plaintiff files a complaint and serves it with a summons. The summons tells the defendant to file a written response within 30 days of service. (Code Civ. Proc., § 412.20, subd. (a)(3).) The parties can agree to a short extension; the courts' delay-reduction rules allow a stipulated 15 additional days. (Gov. Code, § 68616, subd. (b).)

The response is usually an answer, which denies the allegations and lists affirmative defenses, or a demurrer, which argues that the complaint fails as a matter of law even if everything in it is true. A demurrer must be filed within the same 30-day window. (Code Civ. Proc., § 430.40, subd. (a).) A defendant with its own claims files a cross-complaint.

If you are on the receiving end, our first 30 days guide covers this stage in detail.

Stage two: case management and the trial date

Within a few months of filing, the court holds a case management conference. Each side files a case management statement on the Judicial Council form no later than 15 calendar days before the conference. (Cal. Rules of Court, rule 3.725(a).) The judge uses the conference to set a trial date and sometimes to order the parties to mediation. Our case management conference page explains what to expect.

A party who wants a jury must pay a $150 fee on or before the date of the initial case management conference. Failing to pay it on time waives the jury, though the court has discretion to relieve the waiver. (Code Civ. Proc., § 631, subds. (b), (c), (f), (g).) I calendar it the day the conference is set.

Stage three: discovery

Discovery is the longest and most expensive stage.

The written tools are interrogatories, requests for production, and requests for admission. A party may serve 35 specially prepared interrogatories as of right, plus any number of the official form interrogatories. (Code Civ. Proc., § 2030.030, subd. (a).) Our discovery toolkit explains how each works.

Depositions come next: the owner, key employees, and the other side's witnesses testify under oath, and the transcript is used at trial. Our deposition preparation guide covers how to get ready.

Discovery has an end date. A party is entitled to complete discovery on or before the 30th day before the initial trial date, and to have discovery motions heard by the 15th day before trial. (Code Civ. Proc., § 2024.020, subd. (a).)

Stage four: motions that can end the case

The main tool is the motion for summary judgment. The moving party argues that the undisputed facts entitle it to judgment, and the court grants the motion only if no triable issue of material fact remains. (Code Civ. Proc., § 437c, subd. (c).) The motion must be served at least 81 days before the hearing and heard no later than 30 days before trial. (Code Civ. Proc., § 437c, subd. (a)(2), (3).) Our summary judgment guide covers the strategy and the deadlines.

Summary adjudication can dispose of a single claim or defense without ending the case.

Stage five: settlement pressure points

Cases settle at predictable moments: after the pleadings are set, after the key deposition, after the summary judgment ruling, and at the mandatory settlement conference the court schedules before trial. Mediation with a private neutral is common in business cases in Orange County and Los Angeles.

A statutory offer to compromise adds pressure: a party that rejects a formal offer and then does worse at trial faces cost-shifting consequences.

Stage six: trial and judgment

A business trial in the Superior Court usually runs from a few days to two weeks. Jury or bench, the plaintiff presents its case first, the defense responds, and the court or jury returns a verdict.

The outer limit on the whole process is the five-year rule: an action must be brought to trial within five years after it is commenced. (Code Civ. Proc., § 583.310.)

After the verdict, the court enters judgment. The prevailing party is generally entitled to recover its costs as a matter of right. (Code Civ. Proc., § 1032, subd. (b).) Attorney fees follow only if a contract or statute provides for them. The losing side has a short window to seek a new trial or appeal.

How long each stage of the civil lawsuit process takes

In Orange County and Los Angeles, the pleadings stage typically takes two to four months, discovery six to twelve, and the wait for a trial date depends on the court's calendar.

Orange County business cases are usually heard at the Central Justice Center in Santa Ana. Los Angeles cases typically go to the Stanley Mosk Courthouse. Federal cases in the Central District of California run on different rules and a faster schedule.

What to bring to the first meeting

Bring every document filed in the case so far, including the complaint, any response, and any court notices with dates. Bring the contract and the correspondence behind the dispute. Bring any discovery requests you have received and their due dates. Bring a list of the people who know what happened. If a trial date or conference date has been set, bring the notice.

Frequently asked questions

How does a lawsuit work in California?

A plaintiff files a complaint and serves it. The defendant responds within 30 days with an answer, a demurrer, or a cross-complaint. The court holds a case management conference and sets a trial date. The parties exchange discovery and take depositions, then file motions such as summary judgment. Most cases settle along the way; those that do not go to trial, and the court enters judgment.

What are the stages of a lawsuit?

Six, in practice: pleadings, case management, discovery, pretrial motions, settlement efforts, and trial with judgment. Discovery is the longest stage and the most expensive. Settlement can happen at any point, and the court builds in a mandatory settlement conference before trial.

How long does a civil lawsuit take in California?

Most contested business cases in Orange County and Los Angeles take between one and two years from filing to trial. The pace depends on the court's calendar, the volume of discovery, and whether either side files a summary judgment motion. Cases settle at every stage, so the average case ends well before the trial date.

Do most business lawsuits settle?

Yes. The large majority of business cases settle before trial, often after a key deposition or a summary judgment ruling clarifies the risk. Settlement is usually the rational response to the cost and uncertainty of trial. A case prepared as if it will be tried settles on better terms than one prepared to settle.

What is the five-year rule?

A California civil action must be brought to trial within five years after it is filed, or it is subject to dismissal. The period can be extended by stipulation or by certain court orders, and time during which it was impossible or impracticable to proceed may be excluded.

Talk to a California business litigation attorney

If your business is in a lawsuit or expects one, call (909) 235-6116 or contact us online. Kolmogorov Law, P.C. is located at 327 Magnet, Irvine, CA 92618, and represents businesses in Orange County, Los Angeles, and throughout California.

This page provides general information about California law and is not legal advice. Outcomes depend on the claims, the facts, and the court.