If an employer, neighbor, business, or someone else does something you think may or should be against the law, you might wonder if you have a legal case. Speaking to an attorney can help, but what if you don’t know what type of lawyer you need? The answer may be a civil litigation attorney.
Civil litigation involves disputes related to legal rights or responsibilities, not those related to criminal charges, between individuals, businesses, or other entities. It covers most reasons a person might sue someone else. A civil litigation attorney in California helps clients work through those disputes, seeking ways to correct wrongs done.
At Ramirez Law, we assist clients with civil litigation matters involving:
- Small businesses,
- Landlords and tenants,
- Wage and hour disputes,
- Family law,
- Debt collection and bankruptcy, and
- Related claims.
Led by Joaquin Ramirez, our firm prioritizes collaboration with clients and other attorneys.
What Is Civil Litigation?
Civil litigation is the court system’s process of resolving non-criminal legal disputes between two or more individuals or entities. Trying to learn about civil litigation on your own means wading through seemingly endless legal jargon and volumes of laws. Instead, seeking the guidance of a civil litigation attorney can help you cut through the noise and effectively bring or defend against a legal claim.
Initiating Civil Litigation
The civil litigation process begins with someone believing they have a legal claim and are entitled to relief through the court system. You may have a claim if, for example, someone agreed to fix your leaky roof, you paid them, they worked on your roof, and now the problem is worse than before. Lawsuits involve:
- Plaintiff—the person or entity who files a lawsuit;
- Defendant—the person or entity being sued; and
- Parties—a plaintiff, defendant, or both.
The plaintiff must have a specific legal ground for filing a lawsuit, also called a “cause of action.” Legal grounds can include claims such as breach of contract or negligence. To officially initiate the lawsuit, the plaintiff will file a complaint explaining what the plaintiff claims happened, what law or laws the defendant violated, and what the plaintiff wants the court to do about it.
Responding to a Lawsuit
You may have found your way here because you became a defendant in a lawsuit. Civil litigation attorneys have experience representing plaintiffs and defendants. We can guide you through responding to a lawsuit by filing an answer, which is a response to the complaint, admitting or denying the claims against you.
If you believe the plaintiff caused you harm, you can file a counterclaim against them. There are also situations where defendants will sue other defendants. An experienced civil litigation attorney can help you sort through how to handle more complex cases involving multiple parties.
Legal Remedies
When you file a lawsuit, remedies are the outcomes or relief you seek from the court. They include legal mechanisms to enforce a right or correct a wrong, including:
- Compensatory damages—reimbursement for actual losses or harm suffered;
- Punitive damages—money awarded to punish for especially harmful conduct and to deter similar behavior; and
- Injunctions—a court order requiring someone to do or stop doing something.
The plaintiff indicates what remedy or remedies they seek when they file. The specific facts of your case will generally determine whether you pursue monetary damages or request an injunction.
Gathering Evidence
As part of understanding the facts of your case, your attorney will request that you provide certain documents and information. In addition to what you provide, your attorney will ask the other parties for any additional evidence they may have through a process called discovery. Civil litigation attorneys have several tools at their disposal to obtain this information, including:
- Motions—formal requests for the court to decide specific issues;
- Interrogatories—written questions answered under oath;
- Depositions—interviews conducted under oath; and
- Subpoenas—court orders requiring a person to produce documents or serve as a witness.
With a fuller picture of the evidence, your lawyer can develop a legal strategy to get you the remedies you need.
Resolving Claims
With a fuller picture, you and your lawyer work to resolve the case. Many people, understandably, want to avoid the cost and stress of going to a trial before a judge and jury. Your lawyer can guide you through settling the case and finding a resolution outside the courtroom. They may reach that resolution through negotiations or alternative dispute resolution processes like arbitration or mediation. If the parties fail to reach an agreement, your lawyer will prepare to take your case to trial.
Trial
Your lawyer guides you through every step of the trial process. We coordinate every move, helping witnesses prepare for testimony and ensuring we are on the same page about our facts and strategies. Ultimately, these strategies will focus on how to prove your legal claim.
The Types of Civil Litigation We Practice
At Ramirez Law, we focus on several specific types of civil litigation. Even if your case does not fall into one of the practice areas we identify, we may still be able to help you understand your rights. If we cannot help, but another lawyer can, we will recommend someone else.
For example, if you own a business or a business has wronged you, we can help with issues like:
- Breach of contract,
- Payment or invoice disputes,
- Business-to-business collections, and
- California Department of Tax and Fee Administration (CDTFA) filings or compliance.
We also represent:
- Employees responding to employer mistreatment;
- Debtors and small business creditors in debt collection and bankruptcy matters;
- Disputes between landlords and tenants; and
- Individuals seeking divorce, child custody, and other family law issues.
In short, we represent clients in many different situations. If you have a legal dispute or wonder whether you might have a claim, we can help. We offer a collaborative, client-centered approach and a network of knowledgeable, experienced attorneys who practice even more varied areas of the law.
Talk to a Civil Litigation Attorney in California
At Ramirez Law, we understand legal disputes are stressful and, for most people, a significant change from everyday life. Our civil litigation law firm is here to help. We are proud to support individuals and small businesses in resolving disputes. We encourage you to reach out if you are involved in a civil dispute or think you need to take legal action. Contact Ramirez Law today to schedule a consultation.