Starting a Civil Lawsuit in Superior Court: Step 4: Drafting the Complaint

If you would like to ask for a jury trial, you may enter a short plain statement in your complaint, that states, "demand for jury trial." We have included wording in the pleading paper complaint, as a sample.

Generally, there is a deposit that is required, not exceeding $150, that is due on or before the case is scheduled for the initial case management conference. However, you may ask the court to waive the Jury fees and expenses, by completing the Request to Waive Additional Court Fees - FW-002, here.

For additional information, check out a few resources below:

• California Code of Civil Procedure Section 631
• CEB Civil Procedure Before Trial, Ch. 41 - Jury Trial Demands - KFC995.C34

Complaint Forms

There are two ways that you can create your complaint, 1) by using a form complaint on forms approved by the Judicial Council of California, or 2) drafting your own complaint using pleading paper. This section will provide information for you to complete either a breach of contract form complaint or personal injury/wrongful death/torts complaint. When completing either the breach of contract or personal injury complaint, you will also have to complete one or more ADDITIONAL Cause of Action forms to accompany the complaint.

• Breach of Contract
  • 1. Complaint - PLD-C-001
    • AND ONE OR MORE Causes of Action
      • 2a. Cause of Action - Breach of Contract - PLD-C-001(1)
      • 2b. Cause of Action - Common Counts - PLD-C-001(2)
      • 2c. Cause of Action - Fraud - PLD-C-001(3)
      • 1. Complaint- PLD-PI-001
        • AND ONE OR MORE Causes of Action
          • 2a. Cause of Action - Motor Vehicle - PLD-PI-001(1)
          • 2b. Cause of Action - General Negligence - PLD-PI-001(2)
          • 2c. Cause of Action - Intentional Tort - PLD-PI-001(3)
          • 2d. Cause of Action - Premises Liability - PLD-PI-001(4)
          • 2e. Cause of Action - Products Liability - PLD-PI-001(5)
          • 2e. Cause of Action - Exemplary Damages - PLD-PI-001(6)

          For assistance with completing the complaint, please check out the samples from the California Courts website:

          • Sample complaint for Personal Injury/Property Damage/ or Wrongful Death, here.
          • Sample complaint for Breach of Contract, here.

          Complaint on Pleading Paper

          If you are bringing a lawsuit and there is not a fillable Judicial Council of California form, you will need to draft your own complaint on pleading paper. Check out the Library's Webpage that provides the pleading paper template, here.

          Additionally, below are templates that you can use to help you get started with creating your complaint.

          Guides to help you write your own complaint:

          • CEB California Civil Procedure Before Trial - Ch. 15 - KFC995.C34
          • California Pleading and Practice - Ch. 123 - KFC1010.A65
          • The Rutter Group California Practice Guide: Civil Procedure Before Trial - Ch. 6-B - KFC995.W4
          • Represent Yourself in Court - KF8841.B47 and also available online on the NOLO database, here.
          • California Causes of Action - KFC1003 .C34
          • California Elements of an Action - KFC1003 .C35

          *For your own security, we suggest that you do not put your social security number on your court paperwork. Documents that are filed with the court are a matter of public record, and the general public will be able to view your documents once you have filed them.

          Verification

          Verification is where you are stating to the court that what you are saying is true and correct to the best of your knowledge. Generally, the complaint does not need to be verified. However, there are specific statutes that require the complaint to be verified. If you are suing based on a specific statute, please double check the statute to confirm whether or not you have to verify the complaint. If you do file a verified complaint, the defendant's answer must also be verified.

          There are pros and cons to submitting a Verified Complaint. Please make sure to fully research the impact a Verification can have on the case, both from the Plaintiff's and Defendant's point of view.

          Here are a few examples of complaints that need to be verified by statute:

          • If you are seeking Preliminary Injunction;
          • If you are seeking Quite Title, or
          • If you are suing based on an installment or automotive sale or consumer obligations.

          For additional information, please check out:

          • California Code of Civil Procedure Section 446
          • CEB - Civil Procedure Before Trial - Ch. 15, section 15.15 - KFC995.C34