Suing Your Employer in Los Angeles Superior Court: What to Expect

An employment lawsuit in Los Angeles Superior Court usually moves through the same stages: pre-filing steps, the complaint, the employer’s response, discovery, mediation, a possible summary judgment motion, and trial, and the whole process commonly takes a year and a half to several years. Most cases settle before trial, but the ones that settle best are the ones prepared as if they will be tried.

Knowing the road ahead helps you make better decisions. The timeline starts before you ever file: for discrimination, harassment and retaliation claims under California’s Fair Employment and Housing Act (FEHA), you generally must file with the Civil Rights Department within three years and then sue within one year after receiving a right-to-sue notice. Miss either deadline and a strong case can be lost.

This guide walks through each stage in Los Angeles Superior Court, how arbitration agreements can change the picture, realistic timing, and what you will be asked to do along the way. For an overview of how our team represents workers across the county, visit our Los Angeles employment lawyer page.

Before you file: CRD, PAGA and other first steps

Different claims have different gateways:

• FEHA claims (discrimination, harassment, retaliation, failure to accommodate) require a complaint with the California Civil Rights Department (CRD) and a right-to-sue notice. Most represented workers request an immediate right-to-sue. See how to file a CRD complaint and get a right-to-sue.
• PAGA claims for Labor Code violations require written notice to the Labor and Workforce Development Agency and the employer, followed by a waiting period, before suit.
• Wage claims and wrongful termination claims generally can be filed directly in court, subject to their own statutes of limitations.
• Claims against public employers often require a government claim first, with short deadlines.

💡 Example: Jessica is fired on March 1, 2026, a week after complaining about harassment. She has until March 1, 2029 to file with the CRD. She files and receives an immediate right-to-sue notice on May 1, 2026. Her FEHA lawsuit must then be filed by May 1, 2027, one year after the notice.

By the numbers30 days

Filing the complaint and where your case is heard

Los Angeles Superior Court is one of the largest trial courts in the country, with courthouses across the county. Many civil cases, including employment cases, are filed and heard at the Stanley Mosk Courthouse in downtown Los Angeles, but your case may be assigned elsewhere depending on where the claims arose and court assignment rules. Filing in LA Superior Court is done electronically when you have a lawyer.

Employment cases seeking more than $35,000 are “unlimited civil” cases. They are generally assigned to a single judge for all purposes, sometimes called an independent calendar court, who handles the case from the first conference through trial. Class actions and many representative PAGA cases are often assigned to the court’s complex litigation program, where judges manage large cases more intensively.

After filing, the complaint must generally be served on the employer within 60 days (California Rules of Court, rule 3.110), and the employer generally has 30 days after service to respond (Code of Civil Procedure section 412.20).

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The employer’s response

The employer’s first move tells you a lot about how it plans to fight. Common responses include:

• An answer, denying the allegations and listing affirmative defenses.
• A demurrer, arguing the complaint doesn’t state a legal claim even if everything in it is true. These are often resolved by amending the complaint.
• A motion to compel arbitration, based on an arbitration agreement you may have signed at hiring (more on this below).
• Removal to federal court, in some cases, if the employer argues federal jurisdiction applies.

Within roughly six months of filing, the court holds an initial Case Management Conference (California Rules of Court, rule 3.722), where the judge reviews the case’s status and often sets a trial date and schedule.

Arbitration agreements: the biggest fork in the road

Many California employers require workers to sign arbitration agreements. If a valid agreement covers your claims, the case may be sent to private arbitration instead of a jury. Arbitration is not automatic, and the rules have been changing:

• Fairness requirements. Under Armendariz v. Foundation Health Psychcare Services (2000), mandatory employment arbitration of FEHA claims must meet minimum fairness standards, and the employer must pay the costs unique to arbitration. Unfair terms can make an agreement unenforceable.
• Sexual harassment and assault claims. A federal law enacted in 2022 generally lets workers bring these claims in court even if they signed an arbitration agreement.
• Late payment of arbitration fees. California law (Code of Civil Procedure sections 1281.97 through 1281.99, strengthened by SB 707) addresses employers who don’t pay arbitration fees on time, and can allow the worker to return to court and seek sanctions. Courts, including the California Supreme Court, have interpreted these rules with some nuance, and the law here continues to develop.
• PAGA. Under Adolph v. Uber Technologies (2023), a worker compelled to arbitrate individual claims generally keeps standing to pursue representative PAGA claims in court.

Whether arbitration helps or hurts depends on the case. An attorney should review any agreement you signed before you file.

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Discovery: building the evidence

Discovery is usually the longest stage. Both sides exchange information through:

• Written discovery: interrogatories (including form interrogatories designed for employment cases), requests for documents and requests for admission. Responses are generally due within 30 days.
• Depositions: sworn testimony of you, your supervisors, HR personnel and the employer’s designated witness.
• Subpoenas for records such as payroll data or medical records, subject to privacy limits.

Expect to answer questions about your job, your complaints, your termination, your efforts to find new work, and your emotional distress. Your deposition will likely last most of a day. Disputes over discovery are common, and many LA judges require the parties to try an informal discovery conference before filing motions. Discovery generally closes 30 days before trial (Code of Civil Procedure section 2024.020).

Key fact

Mediation and settlement

Most employment cases in Los Angeles resolve through private mediation, usually after key documents are exchanged and the important depositions are taken. A neutral mediator meets with both sides, often in separate rooms or virtual breakout sessions, and helps negotiate a settlement. Mediation is confidential and nothing is final unless both sides sign.

A good settlement reflects the realistic value of your claims: lost wages, emotional distress, potential punitive damages, and statutory attorney’s fees. For what to expect on the day, read what to expect at mediation, and for how cases are valued, see how much your employment case is worth.

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Summary judgment and trial

Employers frequently file a motion for summary judgment, arguing there’s no genuine dispute of material fact and the case should end without a trial. Under Code of Civil Procedure section 437c, as amended effective 2025, the motion generally requires 81 days’ notice and must be heard at least 30 days before trial. Defeating it usually depends on the evidence developed in discovery.

If the case goes to trial, a jury of 12 decides the facts, and in California civil cases 9 of the 12 jurors must agree on a verdict (California Constitution, article I, section 16). Employment trials commonly last one to three weeks. Prevailing employees in FEHA and many wage cases can recover attorney’s fees from the employer. Cases generally must be brought to trial within five years of filing (Code of Civil Procedure section 583.310).

Here is the typical path at a glance:

Stage	What happens	Key rule
Pre-filing	CRD right-to-sue, PAGA notice, government claim	Gov. Code 12960, 12965; Labor Code 2699.3
Service	Complaint served on employer	Generally within 60 days (CRC 3.110)
Response	Answer, demurrer or motion to compel arbitration	Generally 30 days after service (CCP 412.20)
Case management	Judge reviews status, sets schedule	Initial conference within 180 days (CRC 3.722)
Discovery	Documents, interrogatories, depositions	Closes 30 days before trial (CCP 2024.020)
Summary judgment	Employer asks to end the case	81 days’ notice (CCP 437c)
Trial	Jury decides; 9 of 12 must agree	Within 5 years of filing (CCP 583.310)

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What you will need to do, step by step

1. Preserve evidence: emails, texts, performance reviews, pay records and notes of key conversations. Don’t take confidential company documents without legal advice.
2. Write a timeline of events while your memory is fresh.
3. Keep looking for work and document your job search; it affects your lost-wage damages.
4. Stay off social media about your case and employer.
5. Keep records of medical or counseling care related to the job loss, if any.
6. Respond promptly when your lawyer needs information for discovery responses.
7. Prepare for your deposition with your attorney.
8. Attend mediation ready to make decisions, with a realistic view of risk.

Not sure what to bring to your first meeting? See what to bring to a first consultation with an employment lawyer.

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Frequently asked questions

How long does an employment lawsuit take in Los Angeles?

It varies widely. Many cases resolve at mediation within the first one to two years; cases that go to trial often take longer. Arbitration, appeals and complex cases can change the timeline.

Will I have to testify?

You will almost certainly give a deposition. You would testify at trial only if the case doesn’t settle.

Can my employer force my case into arbitration?

Possibly, if you signed a valid agreement that covers your claims. But agreements can be challenged, some claims such as sexual harassment can generally stay in court, and employers that don’t pay arbitration fees on time can face consequences.

Do I pay court costs up front?

In many contingency-fee cases, the law firm advances litigation costs and is repaid only from a recovery, under the terms of your written fee agreement.

Is my case public?

Court filings are generally public, though some records, like medical information, can be filed under seal. Arbitration and mediation are private.

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