CIVIL LITIGATION

California Civil Litigation Attorneys

Are you in the middle of a legal dispute in California? For many individuals, businesses, and other entities, lawsuits are a means to settle disputes and either obtain remedies or defend against allegations of wrongdoing. This process, known as civil litigation, is laden with rules, and failure to follow those rules can upend your case.

At Bowen & Kennedy, P.C., our civil litigation team in Los Angeles and San Bernardino will review your case and guide you through the process, meeting deadlines in a timely manner and strategically pursuing your case. Contact us at 866-372-0569 to schedule a free 30-minute consultation and learn more about how we can help you protect your rights and secure a favorable outcome.

Understanding Civil Litigation

Civil law is a broad spectrum of legal principles and regulations that govern private disputes between individuals or entities. On the other hand, civil litigation is the process individuals must undertake to seek legal remedies for their grievances. Legal remedies usually take the form of monetary damages or specific performance, though other remedies exist.

Monetary damages can include compensation for economic (e.g., bodily injury and property damage) and non-economic (e.g., pain and suffering) losses. Specific performance occurs when the court orders a party to perform a promise they made in a contract, and it is typically ordered in cases where monetary damages are inadequate to correct the harm.

Complaints are filed at the appropriate civil court to remedy a private dispute. Civil cases can involve a trial where a judge and/or jury determine the outcome. Some cases may be settled or dismissed before or during trial. Other cases may be subject to arbitration rather than trial, typically involving a private panel of arbitrators.

Common Types of Civil Litigation Cases in California

Many legal issues are litigated in civil court. These include property damage, personal injuries, wrongful death, and contract disputes.

Antitrust Litigation. Antitrust, or competition law, involves statutes and regulations that foster open and fair competition in the marketplace. Antitrust litigation occurs when a lawsuit is filed to end practices that restrain trade and to compensate those who have been harmed.

Civil Rights Violations. A person's civil rights are violated when a party discriminates against a person based on their membership in a protected category, which includes race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age (40 or older), disability and genetic information (including family medical history).

Contract Disputes. Contract disputes arise when one party alleges a breach of contract, such as failure to perform, non-payment, or disagreement over contract terms. These cases often require interpretation of the contract and assessment of damages.

Employment Disputes. Employment-related civil cases include wrongful termination, discrimination claims, wage and hour disputes, sexual harassment claims, or breach of employment contracts.

Family Law Matters. Civil litigation in family law encompasses divorce, child custody disputes, child support, spousal support, adoption, and property division.

Intellectual Property Disputes. Intellectual property (IP) disputes arise when a person or entity infringes on another person or entity's IP rights. Disputes typically involve copyrights, patents, trademarks, and trade secrets.

Medical Malpractice. Medical malpractice occurs when a healthcare professional or medical facility neglects to provide appropriate treatment or care, fails to take necessary action given the circumstances, or provides substandard treatment or diagnosis that causes harm, injury, or death to a person. Examples include failure to diagnose, surgical errors, unnecessary surgery, prescriptions for the wrong medicine, and failure to consider appropriate patient history.

Property Disputes. Property disputes involve conflicts over real estate, such as boundary disputes, landlord-tenant disputes, title disputes, or disagreements related to property ownership, use, or damage.

Personal Injury Cases. Personal injury cases involve harm or injuries caused by another party's negligence or intentional actions. Examples include car accidents, slip and fall incidents, wrongful death, and product liability cases.

Common Causes of Civil Litigation in California

Civil litigation is the result of disputes between private parties. Five of the most common causes of civil litigation include:

  1. Breach of contract, failure to fulfill the obligations stated in a legally binding contract, is a common cause of civil litigation
  2. Personal injury, accidents resulting in injuries due to negligence, or intentional misconduct can lead to civil litigation seeking compensation for damages.
  3. Property damage, disputes arising from damage to property, whether real estate or personal property, can trigger civil litigation seeking reimbursement or repairs
  4. Professional malpractice, negligence, or misconduct by professionals such as doctors, lawyers, accountants, or architects can lead to civil litigation seeking damages for the harm caused.
  5. Business disputes, such as partnership disputes, shareholder disputes, or breaches of fiduciary duty, often require civil litigation to resolve the conflicts.

The above are only the most common causes of civil litigation, but many others exist, like defamation, fraud, assault, and battery.

Possible Remedies in California through Civil Litigation

The primary reason someone sues another person or entity over a dispute is the need for a remedy. Civil litigation can help a person obtain several remedies.

Compensatory Damages. The most common remedy, compensatory damages, aims to compensate the injured party for actual losses suffered, such as medical expenses, property damage, lost wages, or pain and suffering.

Injunctive Relief. Sometimes, the court may grant injunctive relief, including restraining orders, temporary or permanent injunctions, or specific performance requiring a party to fulfill its contractual obligations.

Punitive Damages. Punitive damages may be awarded to punish the defendant and deter similar behavior in cases involving intentional misconduct or gross negligence.

Declaratory Relief. A court can provide declaratory relief by issuing a judgment or order clarifying the legal rights or obligations of the parties involved in a dispute.

Overview of the Civil Litigation Process

Though any civil litigation process will vary according to the jurisdiction and the specific legal issue, several stages are common in most cases.

  1. Pre-litigation Phase. This phase involves initial investigation, gathering evidence, attempting negotiation or mediation, drafting a demand letter, or initiating settlement discussions.
  2. When Filing the Complaint, the plaintiff initiates the lawsuit by filing a formal written complaint outlining the facts, legal claims, and requested remedies with the appropriate court.
  3. Pleadings and Discovery. The parties exchange pleadings, including the complaint, answer, and any counterclaims. In discovery, parties gather evidence through interrogatories, depositions, and document requests.
  4. Settlement Negotiation. Throughout the litigation process, parties may engage in settlement negotiations to resolve the dispute outside of court, potentially saving time and expenses.
  5. Trial and Judgment. If a settlement cannot be reached, the case proceeds to trial. Both parties present their evidence, witnesses, and legal arguments, and the court or jury decides the case, issuing a judgment.

These phases can overlap, especially regarding settlements. The parties can settle at any time, even during the trial phase.

Alternatives to Civil Litigation in California

Litigation is costly, and it may only sometimes provide the best solution. Alternative dispute resolution can often be used to arrive at a settlement or outcome on which everyone can agree.

Negotiation and Settlement. Direct negotiations are typically the first step in any dispute – they can occur before or after a lawsuit is filed. Settlement discussions between the parties or their attorneys can help reach an agreement without involving the court.

Mediation. Mediation involves a neutral third party assisting the parties in reaching a mutually acceptable resolution. It encourages open communication and allows for more control over the outcome.

Arbitration. In arbitration, a neutral third party (arbitrator) listens to both sides and makes a binding decision. It is generally less formal and more efficient than litigation.

Benefits of Hiring a Civil Litigator in California

When you have a dispute, you want to ensure you position yourself in the best way to secure your interests and rights. Doing it alone, known as pro se, is almost always not recommended because laws are extensive, tricky, and complex. It's not only a failure to know the law that poses a problem but also a failure to understand and follow the rules and procedures. A civil litigation attorney can explain the law and procedures to you and offer many more benefits.

Legal Expertise – Civil litigators have specialized knowledge and experience in civil law and litigation procedures, ensuring proper representation and advocacy.

Strategic Guidance—A civil litigator can assess a case's merits, develop a legal strategy, and provide guidance throughout the litigation process, maximizing the chances of a favorable outcome.

Evidence Gathering – Civil litigators possess the skills and resources to gather and present evidence effectively, strengthening the case's presentation.

Negotiation Skills – A skilled civil litigator can negotiate with opposing parties or their attorneys to achieve a favorable settlement, protecting the client's interests and minimizing risks.

Courtroom Representation—If the case goes to trial, a civil litigator provides courtroom representation, presenting arguments, examining witnesses, and advocating for the client's position.

The risks of pro se are many, while the benefits of a civil litigator are also many – so long as you retain the right one for your case. At Bowen & Kennedy, P.C., our civil litigation team is committed to providing the best legal representation for each client.

Contact a Civil Litigation Attorney in Los Angeles & San Bernardino Today

Civil litigation is crucial in resolving disputes and seeking legal remedies in private matters. At Bowen & Kennedy, P.C., our civil litigator in California protects the rights and interests of individuals and businesses involved in civil disputes. Our team provides valuable legal representation and strategic guidance. Contact us today by filling out the online form or calling us at 866-372-0569 to schedule a free 30-minute consultation and to increase the chances of a favorable resolution in your civil case.

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