Civil Litigation Lawyers in Sacramento, California
Civil Litigation
Civil Litigation Attorneys
Dealing with a civil lawsuit can be daunting. Having an experienced and trusted law firm zealously advocating for your best interests in a lawsuit is imperative. Sometimes, we cannot resolve differences without legal assistance.
At Real Estate Law Corporation, we help our clients with many different types of civil disputes, representing plaintiffs and defendants. Our civil litigation lawyers in Sacramento are ready to help you resolve problems through negotiations, mediation, arbitration, and trial. Often, it is best to resolve certain disputes without litigation due to the time and costs involved in litigating cases in California. However, sometimes litigation is unavoidable, and in those situations you need trusted and experienced litigation attorneys on your side.
Civil Litigation Attorneys in Sacramento
Our civil litigation practice areas include but are not limited to:
- Real Estate disputes
- Purchase and sale disputes
- Actions or specific performance
- Failure to disclose disputes
- Partition actions
- Quiet title actions
- Partnership disputes
- Business disputes
- Breach of contract disputes
- Landlord and tenant litigation
Top Rated Civil Litigation Lawyers
Our law firm routinely litigates several different types of cases, but overall the cases fall within the broad categories of real estate litigation and business litigation. When faced with litigation, as a plaintiff or defendant, it is important to have an aggressive, practical, and experienced attorney on your side. Our law firm regularly litigates cases in State court’s all over Northern California and we have obtained excellent results for hundreds of clients.
Litigation Process
The litigation process in California can be complicated and lengthy, filled with procedural guidelines and tactics, along with nuanced legal theories. If the litigation is related to a real estate or business contract, it is important to first look to the contractual language regarding how disputes are to be handles. For example, the commonly used California Association of Realtors (“CAR”) real estate purchase and sale forms generally include mandatory mediation and arbitration provisions. Other contracts contain language by which the parties expressly waive the right to a trial by jury. The contractual language can greatly affect how the parties handle a legal dispute.
Steps involved in California Civil Litigation Cases
Complaint and Summons
A lawsuit in California starts with the filing of a complaint in court. For cases in state court, there are 58 counties in California in which a complaint can be filed. After a complaint is filed, the Court must endorse the complaint and summons. The summons, complaint, and sometimes other documents, must then be “served” on each named defendant in the lawsuit.
Responsive Pleading
After a defendant has been served with a lawsuit, the defendant has a certain amount of days to file a responsive pleading with the Court. For most types of lawsuits, the law requires you to file a written response with the court within 30 calendar days after you are served. (Code of Civil Procedure (CCP) § 412.20). The following are examples of some of the potential responsive pleadings:
- Answer
- Demurrer
- Motion to Strike
- Motion to quash service of summons
- Motion to change venue
Discovery
Generally, after the parties involved in the lawsuit have all “appeared” in the case, i.e. filed its responsive pleadings, the discovery process may begin. The discovery process gives each party an opportunity to conduct an investigation and learn more about the opposition’s case. The discovery phase often involves document production, subpoenas, and depositions (verbal testimony). The main types of discovery are as follows:
- Form Interrogatories;
- Request for Admission;
- Request for Production of Documents;
- Special Interrogatories; and
- Depositions
Summary Judgment
A motion for summary judgment is a powerful strategy that can be utilized by plaintiff or defendants, but is most often utilized by defendants. While summary judgment is not always possible or advisable, it can be worth exploring in certain cases. Summary Judgment is authorized in California under the Civil Code of Procedure (CCP) section 437(c). Summary judgment can allow a judgment to be entered without the proceedings of a full trial. CCP 437(c) provides: The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.
Trial
There are two types of trials, bench trials and jury trials. In a trial, the trier of fact (a judge or jury) will determine the outcome of the case. The trial is often thought of as the last step in a lawsuit. Although this can be somewhat correct, in reality a lawsuit can drag on even after a verdict is rendered at trial, such as with subsequent post-trial motions and appeals, or with judgment collection issues.
Types of Litigation We Handle
The following are some examples of the types of litigation that our highly experienced attorneys handle.
Civil Litigation Attorneys in Sacramento
The right civil litigation attorney will make all the difference in your litigation experience and the ultimate outcome of the legal matter. Out attorneys will always provide aggressive representation for you, along with practical solutions, and will work closely with you to ensure you understand the each step of the litigation process so you can make informed decisions about your case.
When you choose Real Estate Law Corporation, you can count on your civil litigation attorney in Sacramento to resolve your case with the best possible outcome in the most efficient manner. Although most legal disputes are resolved prior to a trial, we firmly believe that each litigation case must be handled and prepared as though it will go to trial.
If you find yourself in need of a litigation attorney, Real Estate Law Corporation has experienced litigation attorneys that serve clients in the greater Sacramento area and all over California. To schedule a free consultation with one of our attorneys, simply call us at (916) 767-0000, or use the contact form below.
Contact Us
Please contact us to schedule a free consultation with one of our civil litigation attorneys.
Phone:
(916) 767-0000
Email:
Office Hours:
Mon – Fri: 8 a.m. – 5 p.m.