California’s (CA) Case Management System (CMS) is the most exemplary court information system in the nation. It notably produces a considerable amount of information that include but not limited to case summaries, calendars, payment automation, and court rules. The CMS is a strong contributor that fosters good information and practices.
There is one primary court system in CA called California Courts. It is made up of two types of courts, state and trial courts (Superior Courts), and appellate courts. The appellate courts include the Courts of Appeal and Supreme Court. The governing body of the California Courts is Judicial Council. The Chief Justice of CA’s Supreme Court is chair of the Judicial Council.
There are four common statute of limitations used in civil lawsuits. These statutes include verbal contracts, written contracts, personal injury and property damage. They are defined as follows:
Statutes of Limitations:
Verbal Contract – 2 Years, Written Contract – up to 4 Years, Personal Injury – 2 Years, and Property Damage – 3 Years. Other statutes include Wrongful Death – 2 Years, and Trespassing – 3 Years.
A verbal/oral contract according to law.cornell.edu is “A type of contract that is verbally created or verbally modified without being recorded in writing.” An example of this is a person hires a plumber to repair an external water line on their property. Both the person hiring, and the plumber understands the terms of the verbal agreement including services and fees.
A written contract is an agreement put in writing and signed by all parties. An example of this is a promissory note or a personal loan to a friend for $1,000. The person details in writing who the loan is for, the date, time, amount, and location. Additionally, the person details the payment terms and the form of currency USD, Euros or other to be returned. All parties must sign the contract and agree to the terms in order for it to be valid.
According to USlegal.com, a written contract “as the name suggests is a contract whose terms have been reduced to writing. Written contracts are also commonly signed.”
Personal Injury is a legal term and considered a physical injury to a person’s body, mind or both. An example of this is a driver hits a bicyclist and causes bodily injuries that require medical attention. The driver may incur a suit for medical expenses from the cyclist.
Property Damage is defined according to The Free Dictionary as “injury to real or personal property through another’s negligence willful destruction or by some act of nature.” An example of this is knowingly throwing a rock and breaking a window of your neighbor’s home.
Civil law deals with lawsuits filed by individual’s (in propria persona-for one’s self) or attorneys. The most common civil lawsuits to date are unlawful detainers, complaints for money, personal injury, property damage, wrongful death, and small claims.
Unlawful Detainers are suits for possession of real property and unpaid rent. They include residential, land, and commercial property. This type of case is filed on behalf of landlords or property management companies.
Complaints for money or breach of contracts are suits for money owed. This type of complaint is filed on behalf of creditors such as credit card and contractor-like companies.
Personal injury is a type of filing that entails injury to one’s body, mind or both as a result of someone else’s negligence. This type of case is filed on behalf of the injured person and at times include a cause of action for property damage. A “Tort” is a type of complaint that includes both a cause of action for personal injury and property damage.
Property damage entails suits for damage to real or personal property. This type of case is when a person suffers damage to their property, and places a monetary value on such property in hopes to obtain relief from the court.
Wrongful death suits reflect negligence that is the cause in someone’s death. This type of case is filed on behalf of an individual and or families that have lost a loved one as a result of a company, group or individual’s negligence.
Small Claims involve suits for money owed. Individuals file claims with a monetary value up to $10,000, and companies for up to $5,000. The are no attorneys involved except after a judgement and if the claim is in the appeal process.
In summary, the above is general information on CA’s most common civil statute of limitations and lawsuits. This is information only and can be found through simple research. Our tagline “Information eases frustrations” truly highlight the fundamental information that we put in our blogs. We hope that the above information proves to be a valuable source to you. Thank you for reading, and please follow us on Instagram @rcwonlineconsulting
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