Archive for the ‘Lawsuits’ Category
Tuesday, February 9th, 2010
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. (more…)
Posted in Accidents & Injuries, ADA Compliance, Business Disputes, Lawsuits, Real Estate Disputes, Statute of Limitation, Trial
Friday, January 8th, 2010
Even 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. (more…)
Posted in Appeals, Lawsuits, Trial
Tuesday, December 8th, 2009
You 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. (more…)
Posted in Lawsuits
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
(more…)
Posted in Accidents & Injuries, Lawsuits, Statute of Limitation
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…)
Posted in Collaborative Law & Mediation, Lawsuits, Real Estate Disputes
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