If you are involved in a legal dispute, whether over a contract, a property, a business relationship, or another civil matter, you may have been told that your situation could lead to civil litigation. For many people, this term is unfamiliar and intimidating. The civil litigation attorneys at SBEMP Attorneys LLP, the largest law firm in the Coachella Valley, are committed to helping Palm Springs-area clients understand the process clearly so they can make informed decisions about how to proceed.
What Is Civil Litigation?
Civil litigation is the legal process of resolving disputes between private parties, individuals, businesses, nonprofits, or government entities, through the court system. Unlike criminal proceedings, civil litigation involves one party (the plaintiff) bringing a claim against another (the defendant) seeking a legal remedy such as money damages, specific performance, or an injunction.
Civil cases can arise in almost any area of law, including:
- Contract disputes , breach of contract, failure to perform, or disputed interpretation
- Business and partnership disputes , disagreements among co-owners, shareholders, or partners
- Real estate disputes , title issues, boundary disputes, landlord-tenant matters, or development conflicts
- Employment matters , wrongful termination, discrimination, harassment, or wage claims
- Trust and estate conflicts , disputes over the interpretation or administration of a will or trust
- Personal injury claims , negligence, premises liability, or professional malpractice
Pre-Litigation: Resolving Disputes Before Filing
The majority of civil disputes do not end in a courtroom. Many are resolved before a lawsuit is ever filed, through demand letters, negotiation, or alternative dispute resolution (ADR) methods such as mediation or arbitration. SBEMP’s civil litigation attorneys routinely achieve favorable pre-litigation outcomes for clients through direct negotiation and formal demand processes, saving clients both time and legal expense.
Filing a Complaint
If pre-litigation efforts fail, the plaintiff’s attorney prepares and files a complaint in the appropriate court, California Superior Court, or federal court for cases involving federal law or parties from different states. The complaint lays out the factual allegations and legal claims, and the defendant is served and given an opportunity to respond.
Discovery: The Evidence-Gathering Phase
Discovery is typically the longest and most intensive phase of litigation. Both sides have the legal right to obtain relevant information from the other party and from third parties. Discovery tools include:
- Interrogatories , written questions that must be answered under oath
- Requests for production , demands for documents, electronically stored information, or other tangible items
- Depositions , oral examinations of witnesses conducted under oath and recorded by a court reporter
- Requests for admission , requests that the opposing party admit or deny specific facts
Motions and Pre-Trial Proceedings
During and after discovery, parties may file motions asking the court to make rulings on specific legal issues. A motion for summary judgment asks the court to rule in one party’s favor without a trial, on the grounds that there is no genuine dispute about the material facts. Many cases are resolved or significantly narrowed through pre-trial motions.
Settlement
The overwhelming majority of civil cases settle before trial. Settlement can occur at any stage of litigation, before filing, during discovery, on the eve of trial, or even during trial. Settlement allows both parties to avoid the time, expense, and uncertainty of a verdict.
Trial, Judgment, and Appeals
For cases that proceed to trial, evidence is presented to a judge or jury. A judgment is then entered, which may include an award of money damages, injunctive relief, or other remedies. Either party may appeal the judgment if they believe a legal error occurred. SBEMP’s litigation team includes experienced appellate practitioners who handle appeals in California state courts and the Ninth Circuit.
SBEMP’s civil litigation practice group has decades of experience representing individuals, businesses, and public agencies in the Coachella Valley and throughout California.
SBEMP provides civil litigation representation to clients in Palm Springs, Indian Wells, Palm Desert, Rancho Mirage, and throughout Riverside County. To discuss your legal matter, contact our attorneys today.Have any legal questions? Contact the Attorneys at SBEMP Law Firm:
For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.
SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage, Indian Wells), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; New Jersey, NJ; and New York, NY.
DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.