Filing a Business Litigation Lawsuit

Filing a Business Litigation Lawsuit

Posted by The Sterling Law Group on September 12th - Business Law

Any type of dispute regarding a business transaction is a major headache for those involved. If you are a business owner, a lawsuit could force you to shut down. If you are a consumer, filing a lawsuit can seem overwhelming and can cause you significant stress and attorney fees.

Once all other options have been exhausted, it may be a business owner or consumer’s only choice. If you find yourself in the process of litigation, you need help from a business litigation attorney at The Sterling Law Group, A.P.C.

 

Alternative Dispute Resolution (ADR)

There are some courts that require some form of ADR; additionally, some contracts may require ADR; both of these issues can be determined by an experienced attorney when they review the facts and circumstances of someone’s individual case.

Prior to a lawsuit, both parties may participate in alternative dispute resolution (ADR). The most common types of ADR for civil suits are negotiation, mediation, arbitration, neutral evaluation, and settlement conferences.

  1. Negotiation: a method of dispute resolution in which both parties settle their differences and reach a mutual agreement through discussion. There is no third-party intervention.
  2. Mediation: a method of dispute resolution in which a “mediator” or impartial third party intervenes to help both disputing parties come to a mutually acceptable agreement.
  3. Arbitration: a method of dispute resolution in which an impartial third party “arbitrates,” or hears evidence from both sides, and decides the outcome of a case. The rules of evidence are often more relaxed than trial. An arbitrator’s decision may be final (binding), or either side may request a trial if they are unhappy with the arbitrator’s decision (non-binding).
  4. Neutral Evaluation: a method of dispute resolution in which both parties present their sides to an “evaluator,” who is often an expert in the field. The evaluator will examine the strengths and weaknesses of both sides and make a suggestion on how to resolve the dispute.
  5. Settlement Conferences: a method of dispute resolution in which both parties and their respective attorneys meet to discuss compromise and settlement opportunities. Settlement conferences may be mandatory or voluntary, and they are often scheduled close to the trial date.

 

Initial Pleadings in a Business Litigation Lawsuit

If all attempts to settle fail, then the case may be brought to trial.

The litigation process (bringing a case to trial) begins with the filing of a complaint, which is a court pleading. A pleading is a written document drafted by a litigant (person involved in a lawsuit) stating their position in a case.

The first two types of pleadings in a business litigation lawsuit are the complaint and answer.

Complaint: the plaintiff must file the first pleading called a complaint in court. In accordance with the California Rules of Court Rule 3.110 (b), the plaintiff has only 60 days to serve the defendant the Summons and complaint.

Answer: the defendant files and serves the response, stating their defenses in response to the claims formulated against them. California Code of Civil Procedure § 412.20 (a)(3) dictates that the defendant has 30 days after being served the complaint to respond (this includes weekends and holidays). Depending on the circumstances of your individual case, the attorney may also recommend a Demurrer, Motions to Strike, or Motions for Judgment on the Pleadings – ways to potentially dismiss all or part(s) of the complaint against you very early on.

Due to these strict timeframes, the ramifications of missing them, as well as the many options that exist for how to prepare a complaint or respond to one it is best to contact a business litigation attorney who can guide you through the complicated process of litigation.

A Business Litigation Attorney Making You a Priority

Any business litigation lawsuit is going to evolve rapidly. You need a business litigation attorney who is not only up to speed on the changes happening in your case but also meeting crucial deadlines. Contact us today to discuss your concerns and to schedule a free, no-obligation consultation.

Serving Placer, Sacramento and surrounding counties

Need Help? Get in touch with us

Top Rated Estate, Trust and Business Litigation & Planning Legal Services

related blog posts

  • Posted by The Sterling Law Group on August 19th - Business Law

    Types of Business Litigation Cases

    Business litigation is a phrase that generally involves companies or other parties defending or resolving legal disputes, usually relating to businesses that are facing accusations of some kind of misconduct or lawsuits for different reasons. Anytim...

  • Posted by The Sterling Law Group on July 15th - Business Law

    Common Business Disputes that Lead to Litigation

    Most businesses will find themselves in court at least once or twice. Whether it’s small claims, mediation, arbitration, or litigation, business disputes must be resolved one way or another. Here is a list of the most common reasons that businesse...

Recent Blog Posts

Request a Free Consultation

Contact us today online or call 916-619-1995 for a consultation to discuss your concerns and learn more about our legal services.

      The Sterling Law Group and Stephen Slocum have represented my family more than once and provided us with excellent service. From early 2015 through early 2016, Mr. Slocum was...

      Kim and Jeff

      I had just lost my father by an unexpected illness and was named the trustee of his estate my emotions were fresh and discord was alive and well within the family unit left b...

      Tonya Lofton

      The team at The Sterling Law Group was there at the right time when I needed them. They were honest, wasn’t there to take my money and most importantly, kept me informe...

      Mmareka D

      This is the first time I used The Sterling Law Group and I would not hesitate to recommend them. Everyone from the front office staff to the attorneys handling my account wer...

      Beler Watts, Jr

      They are very skilled and professional Lawyers. They successfully helped me with my case. Thank you.

      Daniel

      Steve was very professional when it came to conservatorship. He helped me out of a tough situation and I appreciate him stepping in.

      Marek Cole

      Wonderful Staff and they know their stuff, great to work with, I would recommend to anyone and everyone!

      Sherrine