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…)
Archive for the ‘Real Estate Disputes’ Category
California Civil Lawsuits: How Much Do You Know About What Happens Before Trial?
Tuesday, February 9th, 2010
Should You Sue? The Judgment Proof Defendant and Other Considerations When Filing a California Lawsuit
Wednesday, 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. (more…)
Fallout from the Housing Boom Continues: San Diego Homeowners Deal With Construction Flaws
Friday, 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. (more…)
Are Fraud and the Recession Destined to Go Hand in Hand? The California and Global Landscape
Friday, 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. (more…)
