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Archive for the ‘Trial’ Category

California Lawsuits: Sometimes Asking For Money Isn’t Enough

Friday, May 14th, 2010

California is home to many big money settlements and verdicts.  But if you’re filing a lawsuit, you may need to ask the court for something besides money.  Depending on your situation and the problem you face, there are many different things that a court can potentially order.  One example is an “injunction.” 

An injunction is a court order that requires someone to either do or not do something.  For example, if your inheritance rights are in jeopardy because of something a personal representative is about to do, then you might be able to ask for an injunction to prevent the transaction.  (more…)

California Civil Lawsuits: How Much Do You Know About What Happens Before Trial?

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…)

The Judge or Jury Handed Down its Verdict, But is Your Case Really Over? California Appeals & Post Trial Motions

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…)


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