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Personal injury

Which Los Angeles courthouse your injury case will be filed in The county first. Then the building.

The county is your decision and the courthouse is not. Venue is set by Code of Civil Procedure section 395, the $35,000 line separates limited from unlimited civil, and the Los Angeles Superior Court assigns the courthouse under its own order.

The stone steps and columned facade of a civic courthouse building in downtown Los Angeles
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The county your injury lawsuit is filed in is set by statute, and the courthouse inside that county is assigned by the court. Code of Civil Procedure section 395 makes the proper county for an injury case either the county where the injury happened or the county where a defendant lives, so a crash on the 405 in Los Angeles County belongs in the Superior Court of California, County of Los Angeles. Which courthouse inside that county hears it is decided by the court's own standing orders rather than by you, and those orders are amended, so the court's own filing tools are the only reliable place to check.

Courthouse addresses and department assignments change by court order and are not listed here. Our guide to filing a car accident claim in Los Angeles covers the steps before the complaint.

Which county you can file in

Venue is the rule that decides which county's court is the proper place for a trial. Code of Civil Procedure section 395 starts from the county where the defendants or some of them reside when the action begins. Then it carves out the case you have: for injury to person or personal property from a wrongful act or negligence, the proper court is in either the county where the injury occurs or the county where the defendants reside.

That is a choice, and it is usually the plaintiff's. A driver who lives in Riverside County and hits you in Los Angeles can be sued here, because this is where the injury occurred. When a company is a defendant, section 395.5 adds more room: an action against a corporation or association may be tried where the contract was made or is to be performed, where the obligation or liability arises or the breach occurs, or where its principal place of business is situated.

Which county is proper for a California injury case
Your situationProper countySource
Crash in Los Angeles County, driver lives anywhereLos Angeles CountyCCP 395(a)
Crash in Orange County, driver lives in Los Angeles CountyEither countyCCP 395(a)
Fall in a store owned by a corporationWhere the liability arises, or its principal place of businessCCP 395.5
Delivery truck crash, driver and company in different countiesWhere the crash happened, or where a defendant residesCCP 395, 395.5

Two practical notes on that table. Where you live is not on it, so moving to another county after the crash does not move the case. And where the case can be filed is not always where it should be filed: witnesses, the treating doctors, and the jury pool all sit in a county, and choosing between two proper counties is a real decision rather than a formality.

Why the size of your claim matters

California sorts civil cases by the amount in controversy. Section 85 treats a case as limited civil when the amount in controversy does not exceed $35,000 and the relief sought is of a type that may be granted in a limited civil case. Section 88 then defines an unlimited civil case as any civil action or proceeding other than a limited civil case. The California courts self-help site states the same split in plain terms and adds the small claims option for $12,500 or less.

The three tracks a California injury case can take
TrackAmountWhat it means
Small claims$12,500 or lessFaster and cheaper, and the recovery is capped at the limit
Limited civil$35,000 or lessRestricted discovery (the pretrial exchange of evidence) and a shorter procedural track
Unlimited civilMore than $35,000Full discovery, depositions, and expert testimony

The choice is not cosmetic, and it is made before anyone knows what the case is worth. A claim filed as limited civil cannot recover above the limited ceiling, which is why an injury still under active treatment does not belong on that track. The California Courts self-help guide to civil lawsuits is the plain-language source for the split, and our post on what a case is actually worth covers how the number gets built in the first place.

How the court picks your courthouse

The Superior Court of California, County of Los Angeles, publishes its own civil filing rules, and they are the authority on the courthouse question. Its civil division page states that the jurisdiction of a court is its authority to handle a case and is determined by the amount of the dispute, and it sorts civil matters into limited collections, limited non-collections, unlimited general, and small claims. The same page carries a filing court locator, described as the way to locate the courthouse where your case belongs, and links the court's General Order re Assignment and Transfer of Personal Injury Cases, effective May 17, 2024.

That general order, not the statute, is what decides the courthouse for a personal injury case here. It is a standing order of the court, it has been amended before, and it can be amended again, which is why we do not publish courthouse assignments or addresses on this page. Check the court's own page on the day you file. The court also runs electronic filing and remote appearances through LACourtConnect, so a first appearance is frequently not a trip downtown at all.

When a case moves to another county

Filing in the wrong county does not end a case. Section 396b provides that the action may nevertheless be tried where it was commenced unless the defendant, at the time it answers, demurs, or moves to strike, which are its first responses to the complaint, or within the time allowed to respond, files a motion to transfer. If the court finds the case was not commenced in the proper court, it orders the transfer, and it may order the losing side to pay the reasonable expenses and attorney's fees of making or resisting the motion.

Section 397 lists the grounds for a change of venue: the court designated in the complaint is not the proper court, an impartial trial cannot be had there, the convenience of witnesses and the ends of justice would be promoted by the change, or no qualified judge is available. The third one is the argument that gets made in injury cases, usually by a defendant who would rather try the case somewhere other than Los Angeles.

When the county rule does not apply

  • A public entity is a defendant. Before venue matters, a written claim has to be presented, generally within six months under Government Code section 911.2. Our post on the Metro claim deadline covers how that is done.
  • The crash happened outside California. Section 395 allocates counties within this state. A crash in another state raises which state's courts and which state's law apply, which is a different question and an early one.
  • The defendant is a corporation with no local presence. Section 395.5 gives more than one proper county, and the choice among them is strategy rather than paperwork.
  • Multiple defendants in different counties. Section 395 refers to the county where the defendants or some of them reside, so one local defendant can support filing here.
  • The amount is small and still moving. A case filed as limited civil cannot recover above the limited ceiling, so treatment that is still open argues against that track.
  • The case never gets filed. Most claims resolve with the insurer, and venue never comes up. It becomes real only when the deadline is approaching or the offer is not moving. The next step after filing is discovery, including your deposition.

Which courthouse your case will be in

Almost certainly one in the county where you were hurt, and specifically which one is set by the Los Angeles Superior Court's own assignment order rather than by the statute or by your lawyer's preference. The decisions that are yours come earlier: which county to file in when more than one is proper, and whether the case is filed as limited or unlimited civil. Those two choices shape the discovery you get and the ceiling on what you can recover.

If a deadline is close, the filing decision is the one to make first, because it is the one that cannot be made later. Bring the crash location, the address of everyone involved, and the current medical picture to that conversation. Our Los Angeles car accident lawyer page explains how a case is built toward that point, and our locations page shows the cities we file from. No fee unless we recover.

If you are not sure where your case has to be filed, tell us what happened.
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Questions about where an injury case is filed

Where do I file a personal injury lawsuit in Los Angeles?
In the Superior Court of California, County of Los Angeles, if the injury happened in Los Angeles County or a defendant lives here. Code of Civil Procedure section 395 makes the proper court for an injury caused by a wrongful act or negligence either the county where the injury occurred or the county where the defendants reside. The specific courthouse is assigned by the court under its own standing orders.
Can I file where I live instead of where the crash happened?
Only if a defendant also lives there. Section 395 gives the county of the injury or the county of a defendant's residence, and the plaintiff's residence is not one of the options for an ordinary injury case. Moving to a different county after the crash does not change where the case can be filed.
What is the difference between limited and unlimited civil?
The amount in controversy. Under section 85 a case is limited civil when the amount does not exceed $35,000 and the relief is of a type available in a limited case; section 88 calls everything else unlimited civil. Limited cases run on restricted discovery and a shorter track, and the recovery is capped at the limited ceiling, so an injury still being treated usually belongs in the unlimited track.
Can I take an injury claim to small claims court?
You can if the amount is small enough. The California courts self-help site states that a claim of $12,500 or less can go to small claims, which is faster and less expensive. The trade is the ceiling: you cannot recover more than the limit, and if the treatment turns out to be larger than expected, the amount you gave up is gone.
What happens if the case is filed in the wrong county?
Section 396b provides that the case may still be tried where it was filed unless the defendant files a motion to transfer when it answers, demurs, or moves to strike, or within the time allowed to respond. If the court finds the filing was in the wrong court, it transfers the case, and it may order payment of the reasonable expenses and attorney's fees of the motion.
Can the defense move my case out of Los Angeles?
It can try. Section 397 allows a transfer when the court named in the complaint is not the proper court, when an impartial trial cannot be had, when the convenience of witnesses and the ends of justice would be promoted by the change, or when no qualified judge is available. The convenience ground is the one usually argued, and it is decided on sworn declarations about where the witnesses are.

Reviewed by Josh Kohanim, Esq. on . How we source and review every post

The pages this post leans on: the practice area it belongs to, the guides that go deeper, and the posts that answer the next question.

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