What is a summons and complaint?

A summons and complaint are two legal documents used in civil lawsuits in California. In civil lawsuits, a person (the plaintiff) sues another person (the defendant) to seek compensation for damages or other relief. A summons is a document that is issued by the court and filed with the clerk of the court. It officially informs the defendant that a lawsuit has been initiated against them. The summons also explains the nature of the lawsuit and the plaintiff’s claims. A complaint is a document in which the plaintiff sets forth their cause of action. The complaint outlines the grounds for the lawsuit and the legal and factual basis for the claim. The complaint must also provide the defendant with enough information to enable them to respond. Together, the summons and complaint provide the defendant with notice of the lawsuit and the particulars of the plaintiff’s claim. It is crucial that the defendant receive both documents in a timely manner, as a failure to do so can result in the case being dismissed or the defendant being found liable without the opportunity to appear in court.

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