The firm selects only a few civil litigation matters. We provide legal representation in court, arbitration, and small claims, where possible. We assess the case, draft demand letters, litigate, negotiate a settlement, and more. Civil litigation composes of the following:
- Demand Letter. A demand letter or cease and desist letter is usually sent by an attorney to the opposing party demanding either an amount of money, specific performance, or demanding certain activity to stop. It is part of pre-litigation phase of a dispute. If you received a letter or need to draft one, the firm needs to assess the case and provide a legal opinion.
- Jurisdiction. Every dispute is bound to a specific jurisdiction and litigation has to be in the correct venue and forum – if you reside (or domicile) in California but incur damages in another state from an entity in a third state. Not all cases are like that. For most folks, litigation is in their home state.
- State Court Litigation. Not all lawsuits are appropriate in a state court. Depending on the subject matter, the suit may be appropriate for the federal court.
- Federal Court Litigation. When it comes to intra-state or federal issues, the claim cannot be raised in a state court but in federal. If the suit is brought in the wrong court, the opposing side will simply motion the court to move it into the correct forum.
- Small Claims Action. In California, a small claim action is a dispute for less than $10,000 for individuals and $5,000 for businesses. It is very informal with no lawyer presence. We assist clients with small claims document preparation and guide them through the process. We do not appear on behalf of the clients in court.
- Arbitration. Arbitration is an alternative dispute resolution where per an agreement between the parties, the dispute is submitted before one or more arbitrators for a final and binding decision. Arbitration is commonly used and is a tool for many individuals and businesses. However, a careful analysis must be performed to determine if arbitration is right for you.
- Meditation. Mediation is an alternative dispute resolution in which the dispute is before an impartial (or neutral) third party in order to resolve it – a negotiation facilitated by a third-party.
- Settlement. A settlement is when both parties agree to a resolution. Most cases settle since it is more economical for both sides rather than proceeding with litigation. Even if you are right, settlement may be the best option. A settlement is not an easy process and requires skill, experience, and legal expertise.
I was wronged. What should I do?
Speak to a lawyer. Damages greatly vary as well as various recovery options. Different lawyers specialize in different fields. We may or may not be able to help you, depending on damages.
In which court do I file a claim?
You don’t. Speak to a lawyer to see if you have a case and where you should be filing. Otherwise, the firm cannot assist you with your claim.
Is small claims an option?
If your damages are under $10,000, if you are an individual, and under $5,000 if you are a business – yes. That is, provided you have a valid case.
It is not about the money; it is about principle. Should I still settle the dispute?
It all depends on if you have money. For most cases, it is not worth paying large legal fees to prove a point. However, there are cases where that’s what is necessary provided the client is willing to pay.
Could all lawyers litigate?
Yes, but not all lawyers chose to litigate.
I am forced into arbitration. Is that enforceable?
Not all arbitration agreements are enforceable. Speak with us to determine whether the agreement you signed is enforceable.