As an experienced San Diego litigation attorney, this writer knows just how devastating it is when someone learns that a court judgment has been entered against them without their knowledge. This usually occurs via what is called a default judgment. The plaintiff serves a summons and complaint on the defendant…
Simply put, a default judgment is a judgment against a defendant who fails to answer a lawsuit. If a person or entity is sued and ignores the lawsuit entirely, the person or entity suing has the ability to get a judgment upon meeting certain criteria. The default judgment is a…
One of the most misunderstood concepts in litigation is the concept of proof. San Diego business owners know when someone or some other business has committed a wrong. They know if a business partner has stolen from them, when a deal has been broken or when someone fraudulently induced them…
It may seem obvious that damages are important to litigation but it’s surprising how misunderstood the concept is amongst business owners and the general public. The misconception is understandable of course given the natural inclination to focus on wrong doing. Nonetheless, without damages (significant damages in most cases) the cost…
In general, shareholders are not permitted to sue corporations on their own behalf seeking damages for themselves. Instead, they are required to bring an action against wrongdoers (usually the officers and/or directors of the corporation) on behalf of the corporation in what is termed a “derivative” lawsuit. Where the corporation…
Being served with a lawsuit can be one of the worst things that can happen to any business. The specter of long drawn out litigation causes immediate anxiety and young and inexperienced owners worry that their business may collapse. In short, panic sets in and panic is the worst response. …
Litigation can be divided into three relatively distinct phases: the pleading phase , the discovery phase and trial. While the distinction can sometimes be blurred, there is no doubt about these three significant areas of litigation. The average San Diegan has little understanding of the pleading phase. It involves the…
When a large group of individuals are injured by the actions of a person or company, the class action lawsuit allows them to pursue their legal claims even where the damages personal to each individual may be small. Because attorneys’ fees are recoverable in class action suits, litigation attorneys are…
In order to discourage unreasonable delay in bringing civil lawsuits, all states have established certain time limits within which a legal action must be brought, more commonly known as the “statute of limitations.” Some states, including California, have also adopted what are known as statutes of repose which act as…
A 2011 decision by a federal court highlighted the applicability of a legal theory known as the business judgment rule to corporate officers in California. Codified at section 309 of the Corporations Code, the business judgment rule establishes a presumption that a corporate director, in the performance of his or…