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Represent yourself in California Superior Court for a case worth up to $25,000!
Some cases are too big for small claims court and too small to interest a lawyer. But unlike Small Claims Court, California Superior Court has numerous forms and procedural requirements that you must fulfill. Win Your Lawsuittakes you step by step through the entire process of a limited jurisdiction case in California Superior Court so that you can confidently take on common types of civil court cases worth up to $25,000, including:
- contract disputes personal injuries property damage cases business disputes
Whether you're bringing the suit or defending against one, this plain-English legal guide shows you how to prepare a complaint, file and serve papers, participate in settlement negotiations, present a case, and much more. The 4th edition has been revised to reflect current court procedures and includes updated forms and clear instructions for filling them out.
Written by Roderic Duncan, a retired California Superior Court judge, this book includes the legal insight and practical tips that only a judge with over 25 years of experience can provide.
Did you know?
- Sales Rank: #423091 in Books
- Brand: Brand: NOLO
- Published on: 2010-09-02
- Original language: English
- Number of items: 1
- Dimensions: 10.81" h x .91" w x 8.40" l, 2.29 pounds
- Binding: Paperback
- 464 pages
- Used Book in Good Condition
About the Author
Roderic Duncan was appointed to the California Municipal Court in 1975, and he was elected to the California Superior Court bench in 1987. Over the years, he has been a lecturer and faculty member at two dozen educational programs for judges. In 1990, he was chosen the Judicial Officer of the Year by the California State Bar, Family Law Section. Since retiring from the bench in 1995, he has been doing private judging and mediation.
Most helpful customer reviews
10 of 10 people found the following review helpful.
Great resource yes, but be ready to put in serious effort.
By Turtles all the Way Down™
In the right hands, this book can be a valuable, even powerful tool ... but don't let it's "Do-it-Yourself" tone give you anything resembling confidence when filing a lawsuit in Superior Court. I practiced law in Los Angeles County for eleven years. Trust me when I tell you that filing and maintaining a civil suit in Superior Court is a complex and detailed undertaking. Your paperwork, in both form and content, must be neat and precise if you want the court (and your adversary's attorney) to take you seriously.
Indeed, Win Your Lawsuit: Sue in California Superior Court Without a Lawyer offers an impressive - even comprehensive array of resources to guide you through the process. Its author Judge Roderick Duncan has earned a reputation for producing well organized, common-sense books to guide non-attorneys through several areas of law. The book includes most all Superior Court forms, the rest are available on their website. It can be done. You can sue by yourself, and you can win. But be prepared to supplement this workbook with a pretty substantial dedication of your time if you're serious about winning.
And don't be surprised if you meet some daunting resistance in the courtroom ... some judges DO NOT LIKE parties representing themselves in their courtrooms. I've seen a few who actually take offense at the idea. So be prepared to win the judge over with your preparation and attention to detail.
Couple more tips: 1)Keep a dedicated calendar exclusively for the lawsuit and nothing else, missed deadlines can kill you, 2) Enlist a family member or friend to get involved on a regular basis, someone to take a second look at everything you do, and 3) avoid anger and emotion like the plague
Four stars for this book, deduct one for its marketing-driven, misleading "do-it-yourself" tone.
If you're ready to file your case, do make sure to select the proper judicial district and ... good luck!
8 of 10 people found the following review helpful.
OK as a second resource; not as good as the court websites
By kireviewer
MOST OF THIS INFORMATION IS AVAILABLE ON THE COUNTY COURT WEBSITES.
The California court system has excellent websites explaining how to do anything in court. Each county has a different website for civil lawsuits, although some counties have combined resources with other counties. I found the Santa Clara websites to be better than Alameda County.
The Santa Clara superior court website is much better than this book and is easier to read. The main text of this book is 283 pages, hard to navigate and takes days to get through. I got all the information I needed from the Santa Clara County website within a few hours. (search for Santa Clara Court Self Help).
The Santa Clara website also has better information, such as deciding whether to sue in small claims court or to file in Superior Court. Small claims court does not allow discovery (you cannot request information from the party you are suing). So, if the opposing party has an important document or video surveillance that would help your case, you cannot get that in small claims court and must sue in Superior Court if you really need it. The website covers this, while the book does not.
So, if you are trying to decide if you want to sue someone, go to the county court websites first. If you decide you want to sue someone, then you probably should buy this book. If you are going through the expense of suing someone, you will want all the help you can get. This book does have some rudimentary tips on how to handle yourself during a lawsuit.
3 of 3 people found the following review helpful.
California Superior Court
By Bigstory
This is a thorough manual that leads you from the very first point of "Representing Yourself" and "Limited Jurisdiction Case" to the preparation parts of "Selecting the Right Court" and "Beginning Your Tort or Contract Complaint" then to the actual trial phase including "Discovery Rules and Limits" and "Sizing Up the Judge" to the end with "Closing Arguments" and "Requesting a New Trial".
Sample forms filled out with information is supplied in many sections to serve as examples. There are little boxes throughout each section including "Tip", "Resource", and "Caution" that give you additional helpful advice. In the last section of the book(Appendix A), you get a large selection of tear-out forms.
Including a CD with this book would have been better(for some reason certain Nolo books contain a CD while others don't). Overall I would say this book would be more useful for beginners or people who have never gone through the process of suing in California. If you are a small business owner it might be a good idea to have this book handy just in case.
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