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 ‘Statute of Limitation’ Category
California Civil Lawsuits: How Much Do You Know About What Happens Before Trial?
Tuesday, February 9th, 2010
Has Your Claim or a Claim Against You Expired? Why You Should Befriend or Beware of California’s Statutes of Limitation
Wednesday, 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
