For almost 50 years, our law firm has extensive experience representing clients in a wide variety of litigation matters. We represent clients in all levels of California and United States Federal Courts, for a wide variety of matters and issues. To learn more about the litigation process, please the following links:
Introduction
Types of Courts
Types of Litigation
Litigation Process
Pre-lawsuit
Pleadings
Pre-trial
Trial
Judgment
Appeal
Enforcement
Alternatives to Litigation
Litigation is the handling of disputes between parties in court regarding an alleged wrong. The litigation process often includes the negotiation of matters before filing the lawsuit, the filing of lawsuits and the defending of lawsuits.
To better understand litigation, it is first important to understand the various types of courts available in California for litigation:
- Small Claims- For matters under $5000
- County District Courts- For larger disputes involving parties in California, and matters of California law
- Family Courts- For cases involving marriage, custody, adoptions and other related matters
- Probate Courts- For matters involving the estates of deceased individuals and those requiring supervision
- Federal Courts- For matters involving exclusively federal law, or for matters over $75,000 involving parties from different states
- Appeals Courts- Challenging a judgment to a higher judicial authority
Our law firm has extensive experience assisting clients with a wide variety of litigation, including:
Wrongful Death
Personal Injury
Real Estate Litigation
Business Litigation
Intellectual Property Litigation
Estate disputes
Litigation process
The following are the general steps for a general civil lawsuit in a California county district court and in a federal district court:
Pre-lawsuit
This often is the period after the alleged wrong, when the parties contact their respective attorneys. Often one attorney will make a demand letter, requesting payment in exchange for an alleged wrong. Another type of demand is a “cease and desist” letter, which requests that the other party cease an alleged wrongful activity. This is generally a first opportunity to review the merits of the case, and it is not uncommon for the parties to reach a resolution without the filing of a lawsuit. Sometimes a compromise is reached by the parties directly or through their attorneys, and other times this is accomplished through alternative dispute resolution (such as mediation or arbitration).
Pleadings
The lawsuit formally begins with the filing of a “complaint” by the plaintiff with the proper court. The complaint details the basis for the lawsuit, the facts of the lawsuit, and the damages or relief sought (called the “recovery”). The plaintiff is required to then provide an official copy of the complaint to the defendant through the process called “service.” The defendant then has a period of time to respond (through an “answer”) and raise other issues or objections. A defendant can file a “counter-claim,” which is essentially another complaint filed against the plaintiff (to which the plaint must also reply).
Pre-trial
Once the parties have completed their initial filings (including an answer by the defendant or defendants, and answers to any counter-claims filed against the plaintiff), parties begin the discovery process. This is the formal process of gathering and exchanging information and other evidence pertinent to the litigation. Discovery allows the parties to view the strength of the other party’s position, and avoids surprise evidence during trial. It is not uncommon for cases to settle
during discovery.
Once discovery is complete, and the parties have argued any pre-trial motions, the trial begins. Commonly this is before a group of individuals called a jury; however it is possible (and sometimes preferable) to have the trial before a judge only. To win the case, the plaintiff has the “burden of proof” of showing the judge or jury that he should succeed. The defendant has the “burden of proof” for some other matters, such as “affirmative defenses.”
Judgment is the formal decision made by a court following legal proceedings. The court can also make other orders at this time, such as establishing an award for damages or enjoining (or prohibiting) one party from acting.
Generally, once a final judgment has been rendered, a party may challenge the judgment to a higher judicial authority, commonly a court of appeals (or appellate court). An appeal must be made on the basis of certain standards and reasons- in other words, one cannot just appeal for the sake of filing the appeal. Common reasons for an appeal are improper rulings of law, improper interpretation of facts, and reducing/increasing a damage award. It is possible to file appeals to further higher judicial authority (such as the California State Supreme Court) or the United States Supreme Court- however each additional appeal incurs further costs.
Once all appeals are complete, then the judgment must be enforced. This is usually done by the prevailing party, and includes the use of court orders and other procedures to obtain compensation or action.
If the judgment is in favor of the plaintiff, then the defendant must comply under penalty of law with the judgment. Generally judgments are a monetary award, and failure to pay the award, the court has various powers to seize any of the defendant’s assets located within the court’s jurisdiction. If a judgment prohibits or directs further action by one party (through an injunction), then failure to comply with this judgment can incur further penalties.
At most steps during the litigation process, the parties can reach a settlement that will end the lawsuit, generally in return for promises and other consideration.
Litigation can be a time consuming and costly process. Lawsuits can often last for 1-2 years, and cost $50,000 to $100,000. In light of these delays and substantial costs, alternative dispute resolution (also known as “ADR”) provides an avenue to avoid litigation. These procedures, which include negotiation, mediation, and arbitration, are often faster and less expensive than litigation. It is also possible to reach a resolution that is agreeable to all parties.
Our law firm understands that the litigation process can burden individuals and business, and we utilize our best efforts to resolve the case in a manner acceptable to our clients and which minimize costs. We believe that our clients’ money and efforts are spent on pursuing their personal and business goals, and as such, we often recommend ADR.
Need additional information regarding litigation practices? Want to set up a consultation to speak with one of our qualified attorneys? If so, please call us at 310-277-0444 for our Los Angeles office or 909-884-4867 for our San Bernardino office.
