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Los Angeles Litigation Law Firm 424-284-2401

Civil Litigation

Litigation is the process of resolving disputes or legal issues through the judicial system. It involves bringing a lawsuit in a court of law, where the parties (plaintiffs and defendants) present their cases to a judge or jury for a resolution.

Civil litigation is all that our team practices – it’s in our name.

Types of Litigation

  • Civil Litigation: Involves disputes between individuals or organizations, such as employment law, contract or business disputes, and property disputes.
  • Criminal: Involves the prosecution of individuals or entities accused of committing a crime, where the government seeks to impose penalties such as fines or imprisonment.
  • Administrative: Involves disputes with governmental agencies, often concerning regulatory or compliance issues.

Key Components of Civil Litigation

  • Parties Involved:
    • Plaintiff: The party initiating the lawsuit, claiming to have suffered harm or injury.
    • Defendant: The party being accused or sued, who must respond to the plaintiff’s claims.
  • Filing a Lawsuit: The litigation process begins when the plaintiff files a lawsuit, in the form of a “complaint”, in the proper court, outlining the facts of the case, legal bases for the claims, and the relief sought.
  • Service of Process: The defendant is formally notified of the lawsuit through a legal document, typically called a summons, along with the complaint.
  • Response to Complaint: The defendants then have to timely respond to the complaint. A response can be one of many, including a demurrer, which challenges the legal sufficiency of the complaint, or an answer, that includes the defendant’s denial or admission of allegations and affirmative defenses.
  • Discovery: A pre-trial phase where both parties gather evidence, which can include documents, depositions, and interrogatories to the other party. Subpoenas may also be used to obtain evidence in the possession of third parties. This phase is critical for building a case and understanding the opposing party’s position.
  • Motions: Before and during the trial, the parties may file motions to resolve specific issues. Some motions are related to discovery disputes, such as a motion to compel discovery when a party refuses or fails to respond to discovery requests, or someone fails to comply with a subpoena. Other motions may be for “housekeeping” matters, such as to publish the summons by publication if the defendant cannot be served by traditional means, consolidate the case with another related case, or bifurcate the trial into stages. And others may be dispositive, or resolve the lawsuit altogether, such as motions to dismiss, or for summary judgment or adjudication.
  • Trial: If the dispute isn’t resolved through settlement or motions, it proceeds to trial. Both parties present their arguments, evidence, and witnesses. In a jury trial, the jury decides the outcome; in a bench trial, the judge makes the determination.
  • Judgment: After the trial, the court issues a judgment, which may include monetary damages, injunctions, or other forms of relief.
  • Appeals: If one party believes there was an error in the trial process or judgment, they may appeal the decision to a higher court.

Importance of Litigation

  • Enforcement of Rights: Litigation provides a formal mechanism for individuals and entities to enforce their legal rights and seek justice.
  • Resolution of Disputes: It offers a structured process for resolving conflicts that cannot be settled through negotiation or alternative dispute resolution methods, like mediation or arbitration.

Consult with a Los Angeles Litigation Attorney

Litigation can be complex, time-consuming, and costly, so parties often seek legal counsel to navigate the process effectively. Other times, litigation may not be worthwhile. Understanding the fundamentals of litigation is crucial for anyone involved in legal disputes or seeking to protect their rights.

For a confidential consultation with an experienced Los Angeles litigation attorney, contact Litigation, P.C., at 424-284-2401 or online to learn about your legal options. We routinely handle matters throughout SoCal.