Civil Litigation Attorney

Civil Litigation

Bringing a lawsuit, or defending a suit brought against you, can be a scary, anxiety-inducing experience. Whether you are involved in a legal matter as an individual or as a business, you have legal rights. To protect your rights, you need a civil litigation attorney who has brought and defended many cases, and who has established a solid reputation in Sonoma County and the State of California.

Why You Need a Civil Litigation Attorney

Dealing with a civil litigation case can be stressful. Hiring the wrong civil litigation attorney will only add to your anxiety. These cases involve a complicated process, making it essential to hire an experienced civil litigation attorney who is well-versed in these cases, understands what it takes to win these cases, and can help you achieve a timely, favorable decision.

What to Expect During Civil Litigation

There are many steps you need to follow when filing a civil litigation case.

First, you must file a lawsuit – or a complaint – with the appropriate court, within the applicable deadlines as established by law.

After this is filed, the defendant will file a responsive pleading – such as an answer, or a legal challenge to the legal sufficiency of your allegations, known as a demurrer, or an answer to strike. The defendant may also file a cross-complaint against the plaintiff or another party.

Once all parties respond, the court will move forward with the case.

During the first part of the case, the parties will go through the discovery phase. This can include submitting written questions to the other side, taking depositions, and exchanging documents.

The lawyers must also attend one or more Case Management Conferences to keep the judge advised of the status of the case and readiness for trial.

Once discovery is finished, the trial will begin. You or the defendant may ask for a jury trial, or try the case before the judge alone.

Depending on the outcome, if you do not agree with the judgment, you can consult an appellate lawyer to appeal the decision.

Types of Civil Litigation Cases

There are numerous types of civil litigation cases you might file, and our experienced attorneys can help you, whether you’re the plaintiff or the defendant. We work with our clients and other parties to try to resolve disputes as quickly as possible – and to secure a favorable outcome for you.

We handle real property disputes, breaches of contract, trust disputes, and more.

  • Business litigation: There are many types of business litigation cases you might be involved in. We represent both plaintiffs and defendants in breach of contract, trust disputes, and more.
  • Real estate disputes: We represent clients in real estate disputes related to title, partition, and easements.

Civil Litigation, Civil Appeals, and Writs

If you do not agree with the outcome of your civil case, you do have options. If you can prove there was an error during your trial, you can file an appeal. This will go to the court of appeals and the documents of the case will be reviewed to see if errors were made.

If your case is not eligible for appeal, you may be able to file a petition for writ review. Usually, writ review is appropriate for decisions that are not final judgments. However, the overwhelming majority of writ petitions are dismissed without decision by the Court of Appeal.

Some examples of civil litigation appeals and writs we’ve presented include:

Musser v. Provencher (2002) 28 Cal.4th 274

California Supreme Court

Case no. S099938

Type of case: Indemnity

One attorney sought indemnity against another attorney following her settlement of a malpractice claim brought by their mutual client. The Supreme Court held that a claim for equitable Indemnity against co-counsel did not violate public policy.

 

Atain Specialty Ins. Co. v. JKT

Federal Court of Appeals, Ninth Circuit

Case no. 20-16366

Type of case: Insurance coverage.

Our client is a small, locally-owned landscaping business that was insured under a policy issued by Atain. Our client was sued in the Napa County Superior Court for allegedly causing a landslide as a result of landscaping activities. Atain denied coverage for the loss and filed a declaratory relief action in the District Court. The District Court held that Atain’s policy did not provide coverage for land subsidence damages. We appealed, contending that the exclusions under Atain’s policy did not apply. The case has been briefed and argued and we are awaiting the decision.

 

Institute of Imaginal Studies, Inc. v. Institute of Noetic Science

California Court of Appeal, First District

Case no. A146122

Type of case: Breach of contract.

The parties entered into a Letter of Intent to build and operate a learning facility, the terms of which IIS sought to enforce. The trial court sustained a demurrer to much of IIS’ complaint, holding that the statute of limitations barred IIS’ claims. Following trial, the court found for IONS. On appeal, IIS contended that IONS misled IIS to its detriment and that the statute of limitations was tolled. The Court of Appeal upheld the trial court.

 

Kermaninejad v. Kappos

California Court of Appeal, First District

Case no. A146031

Type of case: anti-SLAPP; sanctions.

The trial court denied the Defendants’ anti-SLAPP motion and sanctioned one of the Defendants’ attorneys. On appeal, the Defendants argued that the trial court improperly relied upon hearsay and opinion testimony from the Plaintiffs’ counsel. The Court of Appeal sustained the trial court’s denial of the motion but overturned the trial court’s sanctions order.

 

Schwede v. Barrett

California Court of Appeal, First District

Case no. A103394

Type of case: Costs and attorneys’ fees

Where both parties obtained their objectives, the trial court did not err when it determined there was no prevailing party for an award of attorneys’ fees. The judgment was affirmed.

 

How a Civil Litigation Attorney at Evans Kingsbury LLP Can Help

At Evans Kingsbury LLP, we are not afraid to take on complex matters, with sophisticated issues, against powerful opponents. We handle real property disputes, breaches of contract, trust disputes, and more to achieve great results for our clients, against great odds and powerful interests. We understand you need a civil litigation attorney who will not only present your case in court, but who will listen to your concerns and help you through the process.

In California, the majority of all cases settle before going to trial. So, although courtroom abilities and trial advocacy are very important for a litigation attorney, private negotiation and creative resolution skills can be just as valuable. We pride ourselves in our ability to thoroughly prepare a case for trial while maintaining a civil relationship with our opponents to facilitate a fair settlement if possible.

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