San Benito /divisions/civil

Source: https://www.sanbenito.courts.ca.gov/divisions/civil

Civil Division Overview

Civil Name Change and Gender Recognition

Small Claims

Evictions

Civil Harassment Restraining Order

Conservatorships

Alternate Dispute Resolution

Emancipation

Unlawful Detainers

CARE Court

Civil Cases

The Civil Division of San Benito County Superior Court handles all General Civil, Small Claims, Name Change, Probate (Non-Guardianship), Unlawful Detainers and Civil Appeals.

Civil cases involve a lawsuit in which one party sues another to:

Recover money or property.

Enforce a contract.

Collect damages for injury.

Protect some civil right.

Related Links

Self-Help for Civil Matters

Forms and Fee Schedules

Alternative Dispute Resolution

California Courts Website, ADR information

Civil Mediation Program

California Bar Association’s Lawyer Referral Service

Civil Unlimited Media Portal Access

California Courts Self Help Guide on Appellate Cases

Contact Information:

Superior Court of California,

San Benito County

450 Fourth Street

Hollister, CA 95023

Phone: (831) 636-4057

Clerk hours: 8:00 a.m. to 3:30 p.m.

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Civil FAQs

Click on the FAQs below for more information.

What is a limited civil case?

Limited Civil cases are those involving $25,000 or less, except small claims cases.

What is an unlimited civil case?

Unlimited Civil cases are all other cases except family law or probate cases.

What is a Delay Reduction (DR) case?

Delay Reduction cases are civil cases in which the court imposes timelines in order to make sure these cases are resolved quickly, usually within one year.

What is the fee for filing a civil case?

The current fees for filing an initial complaint, petition, or application are available in the Statewide Civil Fee Schedule.

If you have a low income, you may be eligible for a fee waiver and may not need to pay the filing fee.

Are any of the forms for filing or responding to a civil case available online?

The Judicial Council provides several forms that can be used in civil cases. You can find these forms on the California Courts Forms page.

How Can I Respond to a Civil Complaint?

A defendant can file an answer to a complaint, or if the complaint fails to comply with applicable procedural laws, the defendant can file a motion challenging the legality of the complaint, such as a demurrer or a motion to strike.

What is a Demurrer?

A demurrer is a motion brought by a defendant to challenge a defective complaint. Usually a demurrer is brought when the defendant does not believe the plaintiff has stated sufficient facts to support the legal theory, or cause of action, upon which the plaintiff’s claim is based. Sometimes a demurrer may be brought because the statute of limitations has run.

A demurrer can be brought as to the entire complaint, or as to one or more causes of action.

What is a Motion to Strike?

A motion to strike is usually brought to request the court delete an improper allegation or statement from a complaint. Sometimes a motion to strike is directed to one word or phrase, sometimes it is directed to an entire cause of action. A motion to strike can also be filed with a demurrer, but the court charges a separate motion fee for each motion.

What is Discovery?

There are different methods of gathering information in a case to prepare the case for trial. These methods, which include depositions, interrogatories, demands to produce documents, requests for admission, and site inspections, are collectively referred to as "discovery."

Can A Case Be Settled Out of Court?

Yes, if the parties are willing. You can use alternative dispute resolution, generally called ADR. ADR refers to a number of ways of resolving conflicts without a lawsuit or, if you have filed a lawsuit, without a trial.

These alternative ways are used for many types of disputes, including divorces, business and real estate disputes, landlord/tenant disputes, disputes with contractors, financial disputes, employer-employee disputes, inheritance disputes, and conflicts between neighbors.

Where can I get further information on the rules and procedures relating to civil cases?

Rules of court that may be useful to understanding the procedures in civil cases are available at:

Rules of court

Local Rules of Court