California Civil Procedure Series – Litigation Tips

On September 21, 2012 by

Legal ConfusionAs an attorney in multiple states (California and Louisiana) there are many overlapping rules and theory of law that are transferable from jurisdiction to jurisdiction. However, there are many local and state wide idiosyncrasies that are not necessarily taught in law school or not easily attainable for pro se or pro per litigants. I felt it appropriate to do this series so that it will help individual litigants, business owners and contractors so that they have a better understanding of only some of the nuances which I have come across.

Topics That I plan to cover include, 1) basic discovery rules, deadlines and concepts; 2) a CA C.C.P. 998 offer of settlement and its impact on litigation, 3) filing and obtaining a default judgment, including CA C.C.P. 1033 declarations and letters of intent, 4) basic filing procedures for a Complaint and subsequent  pleadings including proof of mailing forms.

The purpose of this series is to better educate anyone who gets involved in the legal process. There are a number of resources out there but sometimes simple tasks can be daunting in the legal industry. Other times certain jurisdictions emphasize things that are simply overlooked in others. Lastly, California has a vast network of forms that in theory set out to be helpful yet in the end can send one in a fit of confusion. I will attempt to show some helpful way to navigate that stream of information.

On Sep 21, 2012

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  • Seth: Will be interested in following this series. I myself am starting a basic “you’ve been sued- now what?” type series, but I know that California is in some ways its own country regarding the law.

  • I can see why attorneys in different states would need to have distinct strategies when it comes to civil litigation. My brother tends to have a civil dispute with some of his coworkers. I definitely think that he should consider speaking with an attorney that could help him to build a successful strategy.