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Archive for November, 2009

Has Your Claim or a Claim Against You Expired? Why You Should Befriend or Beware of California’s Statutes of Limitation

Wednesday, November 18th, 2009

Depending 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

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Should You Sue? The Judgment Proof Defendant and Other Considerations When Filing a California Lawsuit

Wednesday, November 18th, 2009

When 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.  (more…)


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