A civil action is commenced by filing a complaint with the court.
§ 411.10.Filing Complaint
Title 5. Jurisdiction and Service of Process · Chapter 2. Commencing Civil Actions · Enacted 1610 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 411.10 states the basic rule that a civil action in California is commenced by filing a complaint with the court, fixing the reference date courts use for statutes of limitations and for every later service and pleading deadline.
Full Text of § 411.10
Plain-English Summary
Section 411.10 is short, but it fixes the single most important date in any civil case: the day the action begins. A civil action is commenced by filing a complaint with the court. Nothing else — not serving the defendant, not any pre-filing notice — starts the clock under this section.
That commencement date matters well beyond this Title. It is the reference point for statutes of limitations, for the time allowed to serve the summons and complaint, and for measuring deadlines throughout the litigation that follows. Once the complaint is filed, § 412.10 lets the plaintiff have the clerk issue a summons, and Chapter 4 of this Title governs how that summons must then be served on each defendant.
Frequently Asked Questions
What officially starts a civil lawsuit in California?
Section 411.10 provides that a civil action is commenced by filing a complaint with the court. Filing, not service on the defendant, is what commences the action.
Does serving the defendant start the lawsuit, or does filing the complaint?
Filing does. Section 411.10 ties commencement to filing the complaint with the court; service of the summons and complaint on the defendant is a separate step governed by Chapter 4 of this Title.
Why does the exact commencement date matter?
The filing date under § 411.10 is the reference point courts use for statutes of limitations and for other deadlines that run from the start of the action, even though the section itself does not set those deadlines.
Amendment History
Added by Stats. 1969, Ch. 1610.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
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