Whether you are contemplating initiating a lawsuit by suing someone or you have just been served with a summons and complaint in an existing lawsuit, entering into the civil litigation arena in California can be a scary feeling. Despite all of the self-help tools available, the court system is still a complicated process, and competent legal guidance is necessary. Here are the basics of a lawsuit in Superior Court in California. The Pleadings The pleadings are the initial papers filed both the plaintiff and defendant in the lawsuit. The plaintiff files a complaint to start the lawsuit (although in limited circumstances, a petition is used instead). The defendant then has a few choices on how to respond. The defendant can file an answer, which is a formal, legalized response to…

Unfortunately, a tactic often used in litigation is to demand documents and information concerning an individual or corporation's financial affairs to intimidate and harass the other side. Fortunately, the law recognizes the highly sensitive and private nature of financial affairs and provides a fair amount of protection against such unwarranted intrusions. Even when the information sought is relevant, an individual who is a party to litigation has a fundamental right of privacy regarding their confidential financial affairs under California Constitution, Article 1, Section 1. [Cobb v. Superior Court (1979) 99 Cal.App.3d 543, 550; Civil Code section 3295(c).] In addition, the confidential affairs of third persons (nonparties) are also entitled to privacy. [Valley Bank of Nevada v. Superior Court (1975) 15 Cal.3d 652,658.] However, the right to privacy under the California…