0

A comment on a recent question stuck with me: "[L]ay people can't prosecute [torts] in California".

Is this correct? And if so, to what extent? What torts can and cannot be prosecuted by a layman.

I am hoping to receive one or two case laws too so that I could research the topic further.

1 Answer 1

3

A non-lawyer can bring torts committed against them in their own name as pro se parties in their own name. They cannot sue for torts committed against others including entities in which they are officers, or persons for whom they are guardians, nor can they represent someone else in their efforts to do so.

A handbook written for California judges does not anywhere suggest a greater limitation than that. Neither does a guide for pro se parties in federal courts in California (see also here). Labor law and civil rights claims are routinely filed pro se in California's federal courts. California's state courts have standard court forms for pro se parties to use in state court to sue for torts like personal injury and fraud.

The comment that: "[L]ay people can't prosecute [torts] in California", appears to be not literally true. Either the implied meaning was that they cannot prosecute torts committed against someone other than themselves, or the comment was mistaken. It is also possible that the person making the comment meant that it was not as a practical matter possible to be successful in doing so because it is so difficult.

There may be a limited exception for law students in a legal clinic working under the supervision of a law school professor.

6
  • 1
    Is "prosecute" the right word for being a plaintiff in a lawsuit? I know it has a general meaning of "to pursue" but in a legal sense, it is usually reserved for actions where the state is seeking a civil or criminal conviction.
    – Dale M
    Commented Oct 19, 2021 at 1:32
  • 1
    It was the word used in the comment, it is also used in patent law in the sense that you seek a grant: Prosecute a patent.
    – kisspuska
    Commented Oct 19, 2021 at 1:35
  • 2
    @DaleM The wider meaning is out there. Patent prosecution is the process of obtaining a patent, and failure to diligently pursue one's responsibilities in a civil action can result in a dismissal for "failure to prosecute."
    – ohwilleke
    Commented Oct 19, 2021 at 1:35
  • Thank you, @ohwilleke!
    – kisspuska
    Commented Oct 19, 2021 at 1:35
  • “They cannot sue for torts committed against others including entities in which they are officers” — Is that always true? California small-claims court generally has companies represented by a nonlawyer officer, although I don’t know if tort claims can be filed in small-claims court.
    – cpast
    Commented Oct 20, 2021 at 1:25

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .