Law Offices of Bonnie Follett - California Civil Litigation

Law Offices of Bonnie Follett - Legal Info

California Civil Litigation

This page addresses some basic Questions on lawsuits in the State of California.

News and Information is in the process of being added to this page. Any information provided is strictly for public information only. The information is general in nature and not intended to cover all situations. Be reminded that this information may or may not be up to date and laws change frequently.

Someone is threatening legal action against me or my company.

Always document any telephone calls and recollections you have regarding the dispute by preparing notes and gathering any applicable documents. Pull together, locate and keep together your copies of any letters, email or records relating to the situation. - If you do not think the matter will be quickly resolved amongst the parties, you should contact a lawyer for advice or to help you negotiate with the other party.

I have been sued - what do I do now?

Depending on the rules of the court where someone filed an action against you, you will need to respond in writing, using the proper legal forms, usually within 30 days. There will be a court filing fee required to file this response (answer to the complaint).

If you fail to file this paper and pay the fee, a "Default Judgment" may be entered against you in the court records. This means the other party automatically wins their case, because you failed to assert your rights and make them prove their case. - Therefore if an action was filed against you, you should immediately contact a lawyer to advise you of your rights, determine a proper response and whether any counter-actions should be filed on your behalf.

What are the Statutes of Limitation ?

The legislature has seen fit to set a reasonable date by which disputes should be resolved or the right to sue on a cause of action is lost forever. This is sometimes referred to as "finality of actions", based on the concept that parties have a right to expect that if someone threatening action against them has not taken the legal steps necessary in a timely manner, then the prospective defendant can "breathe free" and move on with their life without fear of a lawsuit.

The Statutes of Limitation vary for different types of actions, generally "running" between 1 year and 4 years after the cause of action accrued.

When should I file a Lawsuit ?

Filing a lawsuit is usually a last resort after actions have been taken to resolve a dispute out of court. A lawsuit is an expensive and time-consuming endeavor. It is not worth doing if matters can be resolved without legal action. However be aware there are statutes of limitation which apply to the filing of court actions. If a settlement appears hopeless, be sure you have consulted a lawyer to learn when the action must be filed. Otherwise you may lose your right to recover on your cause of action.

What can I expect as the legal action goes forward?

After a complaint and a response has been filed in court (the "Pleadings"), the next stage of the litigation is called the "Discovery Phase". During this time, the parties will attempt to obtain information the other side has that is pertinent to the dispute. Both sides can prepare interrogatories, requests for documents and take depositions. - Also, most courts will set an intitial conference date requiring the parties to appear before a judge, and often a statement must be filed before this conference. At this first conference, or after a later conference, it is likely a trial date will be set or the parties may be ordered to arbitration or mediation. Discovery will continue up until a discovery cutoff date approxiamtely a month before trial.

Where do I file a lawsuit or claim?

This addresses the question of who has jurisdiction or power to hear your claim and make a ruling on it. Some claims must first be brought before a state or federal agency. Once that process has been exhausted, a claim can be filed in a proper court, either California State Court or a California Federal Court. Determining the proper court may involve several factors: the amount of the claim, the type of claim, what laws you are claiming apply to the cause of action, where the parties reside, where the situation that gave rise to the dispute occurred, and if based on an agreement or contract, the contract may also state a desiganted choice of forum for where disputes will be heard.

When Will It End?

A case before the courts can settle at any time if the parties reach an agreement. Sometimes a formal "mediation" can help the parties resolve the dispute. If no settlement is reached, the case will proceed to trial or arbitration. You must inform the court if a settlement is reached and file a dismissal of the action when settlement is final.

More Legal Information can be found at these LOBF Links:

Send Email to: bonniefollett@ix.netcom.com

Contact the Law Offices of Bonnie Follett for assistance in the following areas:

Advising you if a legal action is threatened against you.
Preparing and filing a response to a compaint.
Preparing any counter-claims on your behalf.
Advising you if you have a problem for which there is a legal remedy.
Preparing and filing a legal action.
Conducting discovery that is appropriate in your case.
Representing you at depositions, court hearings, mediations, and trial or arbitration.

PLEASE NOTE: Legal information provided on this site is general in nature and does not constitute an attorney/client relationship. See the "Disclaimer" page for more information. My office handles a variety of civil legal matters, but being a solo practice, there are sometimes time constraints or resource constraints on whether I will be able to accept all matters referred to my office.

Law Offices of Bonnie Follett - Legal Information on Civil Litigation

Home Page	Services	Resume	Location	Links	Legal Info	Disclaimer	Contact Law Office
Copyright 2000-2002, Bonnie M. Follett. All Rights Reserved. To Contact Me: Email: bonniefollett@ix.netcom.com Updated: October 2002