You hear a lot about eleventh-hour settlements reached just before a jury delivers its verdict, and about lawyers’ courtroom arguments and questioning of witnesses, but what about the many different stages and preparation that a lawsuit goes through long before a California trial is begun? If you’re a prospective plaintiff or defendant, you can be spared the specifics of California procedures and local San Diego court rules governing lawsuits since that will be handled by your attorney, but you should know what you can generally expect to happen as your case moves forward. Every case will be different and vary in complexity, and there can be overlap in the stages a lawsuit will go through as it progresses. Despite the differences, it’s no surprise that the beginnings of a lawsuit are always the same: something went wrong. This could have been virtually anything. You may have been in a car accident and suffered a personal injury, the business you dealt with may have breached a contract, or your business may be accused of violating the ADA and California disability laws, and so on. At some point, the problem at hand could turn into a legal dispute, and at this stage it’s essential to hire an experienced lawyer to evaluate potential liability, negotiate, and advise you on what you can reasonably expect. If a fair settlement isn’t reached, then a lawsuit will be filed, but this doesn’t mean that negotiations are over, as attempts to settle will probably continue well after any trial begins in a San Diego superior court. Read the rest of this entry »
California Civil Lawsuits: How Much Do You Know About What Happens Before Trial?
February 9th, 2010
The Judge or Jury Handed Down its Verdict, But is Your Case Really Over? California Appeals & Post Trial Motions
January 8th, 2010Even if you lost a case in San Diego Superior Court or other California court, all may not be over yet. If you want to challenge the verdict or order, you could have good reason to appeal. An appeal isn’t quite a “second bite at the apple” because California law limits what an appeals court can do when reviewing the decision in your trial, but it still gives you the opportunity that you may need to reverse a defeat in your lawsuit. In most instances, an appeal won’t be a brand new trial where you get to question new witnesses and put new issues on the table. This is because generally the court of appeal can only look at the record of evidence that was submitted during the trial, meaning you’re prevented from introducing any new evidence or bringing up issues that weren’t raised at trial. Read the rest of this entry »
When You’ve Been Sued in California: Act Quickly to Avoid the Pitfalls of Delaying Your Defense
December 8th, 2009You may have been expecting it, or it may have caught you by surprise, but finding out that you or your San Diego business is being sued is never welcome news. You probably received a letter from the other party’s lawyer first, demanding compensation or other action, or the plaintiff may have headed straight to the courthouse and filed the complaint with which you’ve now been served. No matter what the lawsuit is about - a car accident resulting in personal injury, a dispute between neighbors or businesses, or otherwise - be sure to avoid any impulse to ignore those unwanted papers for the next few days (or longer). If you try to pretend the lawsuit never happened, you could be making things much worse for yourself by delaying. Read the rest of this entry »
Has Your Claim or a Claim Against You Expired? Why You Should Befriend or Beware of California’s Statutes of Limitation
November 18th, 2009Depending on whether you’re a potential plaintiff or defendant, you may either love or hate California’s statutes of limitation. A statute of limitation is a law created by the legislature that sets a specific period of time in which a claim can be brought, and vary from state to state. Different time limits will apply to the different legal bases that are alleged in a lawsuit. As you’ll see from the following general examples, these California time limits can vary greatly:
- A breach of contract lawsuit must be brought within 4 years from the date of breach if the agreement is in writing, or within 2 years if you had an oral agreement, but it may be possible to shorten the period by contract
- A claim for fraud must be filed within 3 years from the date the fraud was actually discovered
- A defamation case (libel or slander) must be filed within 1 year
Should You Sue? The Judgment Proof Defendant and Other Considerations When Filing a California Lawsuit
November 18th, 2009When you’ve been harmed or wronged in some way by another person or business, you may have many good reasons for filing a lawsuit here in California. You may be motivated by the desire to hold the wrongdoer accountable for his or her actions, to be compensated for your losses and injuries, or to help prevent others from suffering similar harms. Even so, there’s much more to consider before heading to court.
First of all, do you have a viable case? Will the other party have a good defense? To win a lawsuit, you need to prove that the legal requirements of your claim or claims are met. That’s why every case must be carefully researched to identify exactly what needs to be proven to establish your legal basis for suing the defendant, and to assess whether you’ll have enough evidence to do so. As a quick example, consider the basics of a negligence case. Read the rest of this entry »
California Accident Law: What Happens If You Were Partly At Fault?
September 29th, 2009It’s not always clear who was at fault in causing an accident, and if you were partly to blame, do you know how that will affect your case under California law? It’s a frequently asked question, and for good reason. When there’s been an accident, determining who’s at fault and by how much is at the center of proving your case and how much you’re owed.
For instance, what if the other driver involved in a car accident was driving in the wrong direction, but you were distracted while talking on your cell phone and didn’t see him coming. Depending on where you live, even if you were found to be only 1% to blame, and the other driver was 99% at fault, you would generally recover nothing, thanks to an old English rule known as “contributory negligence.” Read the rest of this entry »
Fallout from the Housing Boom Continues: San Diego Homeowners Deal With Construction Flaws
August 7th, 2009For years, housing growth here in San Diego and throughout the country seemed almost unstoppable. Many builders were in a rush to meet deadlines when constructing homes, and now some homeowners are discovering major defects with their homes. Aside from poor workmanship, construction defects can also result from problems in the design and materials used, or problems may be caused by land subsidence. A recent Wall Street Journal article by M.P. McQueen cites shortages in skilled workers and quality materials during the housing boom as reasons behind recent construction problems, and notes that hundreds of thousands of people are now facing expensive repair costs due to construction defects. Read the rest of this entry »
Challenging the Insurance Industry: California and Federal Efforts Continue. What Can You Do to Fight Insurance Bad Faith?
July 10th, 2009California and federal lawmakers have been talking a lot lately about “rescission,” that is, when an insurance company cancels your medical coverage, even though premiums were paid. The Los Angeles Times reports that the House Subcommittee on Oversight and Investigations found that people with breast cancer and over a 1,000 other medical conditions were targeted for rescission. Read the rest of this entry »
Did Encinitas Forget About the Americans With Disibilities Act? Disability Access Issues in California
June 12th, 2009Back in 2002, the City of Encinitas finished its downtown revitalization project, but in the city’s quest for economic development, did the street improvements fail to comply with the Americans with Disabilities Act (ADA) and California law? These laws work to ensure access is provided to people with disabilities and also prohibit employment discrimination. The San Diego Union Tribune reports on a lawsuit recently filed by Dennis Sharp, who asks the court to order Encinitas to add disabled parking, curb cuts, and make other changes to the area that will provide access for people with disabilities. Read the rest of this entry »
Are Fraud and the Recession Destined to Go Hand in Hand? The California and Global Landscape
May 15th, 2009These days it seems that fraud cases are on the rise, perhaps spurred by the California and global recession. Even so, well before the recession hit, schemes such as that of Bernie Madoff’s were in full swing. In the latest news, the New York Times reports that last year about $12 billion was withdrawn from Madoff’s firm, and lawsuits to recover that money from the investors who made the withdrawals continue to move forward. Meanwhile, according to the Los Angeles Times, the Securities and Exchange Commission (SEC) is boosting its efforts to crack down on fraud. Read the rest of this entry »
