How to Sue a Company in California: A Business Owner's Guide

Last updated: November 2026

To sue a company in California, you identify the correct legal entity and its registered agent, confirm the claim is within the limitations period, and send a demand letter. You then choose the right court, file a complaint with the required fee, and serve the summons and complaint on the company in one of the ways the Code of Civil Procedure allows. The company has 30 days to respond. Kolmogorov Law, P.C. represents businesses bringing claims against other companies in Orange County, Los Angeles, and across California.

Call (909) 235-6116 or contact us online to discuss a claim against a company.

Before you sue a company: three questions

I ask three questions at the first meeting.

Is the claim good? That means a contract or legal duty, a breach, and damages that can be documented. Is the defendant collectible? A judgment against a shell with no assets is a piece of paper. Is the claim worth what it will cost to pursue? That depends on the amount at stake and how hard the company fights.

Step one: identify the right defendant

Companies do business under names that are not their legal names. The invoice says one thing, the contract says another, and the entity that actually signed may be a third. Suing the wrong one wastes months.

Start with the California Secretary of State's business search. A corporation's statement of information must designate an agent for service of process, either a California resident or a registered corporate agent. (Corp. Code, § 1502, subd. (b).) Limited liability companies file the same kind of designation, and personal delivery to the designated agent is valid service on the LLC. (Corp. Code, § 17701.16, subd. (b).)

If the entity is suspended, dissolved, or was never formed, the analysis changes, and claims against the individuals behind it may open up.

Step two: check the deadline

California gives four years to sue on a written contract and two years on an oral one. (Code Civ. Proc., §§ 337, subd. (a), 339.) Fraud, conversion, and statutory claims carry their own periods. Our statutes of limitations guide lists the common ones.

The clock usually runs from the breach, not from the day you gave up hope. If the deadline is close, file first and negotiate second.

Step three: send a demand and preserve your evidence

A demand letter is not required before suing a private company, but it is almost always worth sending. It resolves some disputes outright, it fixes the other side's story early, and it starts the paper trail a judge will later read. Our demand letter guide explains what to include.

Once you decide to sue, your own duty to preserve evidence begins: stop deleting emails and texts and pull the complete file. Our litigation hold guide covers the mechanics.

Step four: choose the court

First, state or federal: most business claims belong in the Superior Court unless a federal statute is involved or the parties are from different states and the amount is large enough. Second, which county: venue is generally proper where the defendant resides, and for a contract claim, where the obligation was to be performed or where the contract was made. (Code Civ. Proc., § 395, subd. (a).) For Orange County that usually means the Central Justice Center in Santa Ana; for Los Angeles, the Stanley Mosk Courthouse.

Third, which track. A case seeking $35,000 or less, excluding fees, interest, and costs, is a limited civil case with streamlined procedure. (Code Civ. Proc., § 85, subd. (a).) Smaller claims can go to small claims court. Anything larger is an unlimited civil case with full discovery.

Step five: draft and file the complaint

The complaint names the parties, states the facts, and pleads each cause of action with its elements. Fraud in particular must be alleged with specificity. A thin complaint invites a demurrer and a delay of several months.

The complaint is filed with a summons and a civil case cover sheet. The base fee for the first paper in an unlimited civil case is $355, and statutory supplements and county surcharges raise the actual total in most courts. (Gov. Code, § 70611.)

Step six: serve the company

A corporation is served by delivering the summons and complaint to its designated agent for service, or to its president, chief executive, a vice president, secretary, treasurer, controller, general manager, or another person authorized to accept service. (Code Civ. Proc., § 416.10, subds. (a), (b).) Use a registered process server.

Service has deadlines on both ends. The summons must be served within three years of filing or the case is subject to dismissal. (Code Civ. Proc., § 583.210, subd. (a).) In practice the courts expect far more speed: the delay-reduction statute lets local rules require service within 60 days of filing, and the Rules of Court do. (Gov. Code, § 68616, subd. (a).) Once served, the company has 30 days to file a written response. (Code Civ. Proc., § 412.20, subd. (a)(3).) If it does nothing, you may seek a default, which our default judgment page explains.

What happens next

The company will answer, demur, or file a cross-complaint, and the case moves into discovery. Our step-by-step guide to a business lawsuit maps the stages from here to judgment. If you are worried the company will move its assets while the case is pending, a pre-judgment writ of attachment may be available on a contract claim for a fixed or readily ascertainable amount.

What to bring to the first meeting

Bring the contract, purchase order, or proposal, with every signature page. Bring the invoices and payment history. Bring the emails and messages showing the breach and your attempts to resolve it. Bring anything you know about the company's legal name, its owners, and its assets. Bring your own records on what the breach cost you.

Frequently asked questions

How do I sue a company in California?

Identify the correct legal entity and its registered agent through the Secretary of State, confirm your claim is within the limitations period, and send a demand letter. Then draft a complaint pleading each cause of action, file it in the proper county with the filing fee, and serve the summons and complaint on the company's agent or an officer. The company then has 30 days to respond.

Can I sue a business in small claims court?

Yes, if your claim is within the small claims limit, which depends on whether you are an individual or a business plaintiff. Small claims is fast and inexpensive, but attorneys cannot appear for the parties, discovery is unavailable, and the amount you can recover is capped. Larger commercial claims belong in the Superior Court.

How much does it cost to sue a company?

The court's base filing fee for an unlimited civil case is $355 plus supplements and surcharges, and service runs a few hundred dollars more. Attorney fees are the real cost and depend on how hard the company fights. If the contract has an attorney fee clause, the prevailing party can usually recover its fees, which changes the math for both sides.

How long do I have to sue a company in California?

Four years for breach of a written contract and two years for an oral agreement, measured from the breach. Fraud claims generally carry three years from discovery. Other claims have their own periods, and some, such as claims against public entities, require a pre-suit claim on a much shorter timeline.

What if the company has no assets?

Find out before you file, not after. Public records and the company's own conduct usually tell you whether a judgment can be collected. If the entity is a shell, the better claim may lie against the individuals who ran it, through alter ego or fraudulent transfer theories. We evaluate collectability as part of deciding whether a case is worth bringing.

Talk to a California business litigation attorney

If another company owes your business money or has broken an agreement, 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 contract, the facts, and the court.