Phase Three: File and Serve the Complaint
Once the pre-filing process is complete, the Complaint is filed. Where the Complaint is filed is determined by many factors provided in the law. The firm will always try to file the case in the courthouse that would be most beneficial for the client’s case, within the confines of the requirements of the law. This means that if it is more beneficial to file the case in Los Angeles Superior Court as opposed to Orange County, or Riverside, we will file in Los Angeles. The location of a trial can make a very big difference in the ultimate outcome of a case.
To file a Complaint, a filing fee is charged by the court. The Complaint then must be personally served on all defendants. This involves finding each defendant and causing a process server to personally deliver the Complaint to the defendant. If the defendant avoids service, there are alternative mechanisms that can be used to serve a defendant. Until the Complaint is properly served, the lawsuit cannot proceed. Once the Complaint is served, the defendant is forced to respond or face dire consequences for failing to do so.