Fremont Civil Litigation Lawyer
The city of Fremont in Alameda County has been named as one of the best places to live by CNN Money. Although it is a great, diverse city, individuals and businesses in Fremont experience many disagreements just like in other places across America. Disagreements may sometimes be resolved through discussion and negotiation, but when they involve a serious harm to a person or a business, it may be necessary to seek recourse through civil litigation. An experienced Fremont civil litigation attorney can help both individuals and businesses sue those that have harmed them, or defend against allegations of wrongdoing.What is Civil Litigation?
Civil lawsuits occur when a plaintiff seeks money damages from a defendant. They can be simple cases involving two parties, or complex matters involving numerous individuals or businesses.
An example of a simple lawsuit would be one in which the plaintiff is a restaurant-goer who seeks damages from a restaurant after breaking her tooth on a piece of glass hidden among the lettuce in her salad. The issues in such a case would be straightforward. A restaurant defending against such a lawsuit would want to be mindful of long term effects of a lawsuit and consider both legal issues and publicity issues. An experienced attorney can help ensure that the right issues are considered when determining what the restaurant's representative should say, and how to handle such a suit.
An example of a complex lawsuit would be a case in which a contractor fails to pay his subcontractors for the work they performed to build a series of new condominiums by the bay. The subcontractors may sue the contractor for payment. That could be a simple lawsuit, but it may be complicated by future developments. Perhaps in such a case, the architect failed to consider the proximity to the bay and within a couple of years, the inhabitants of the condominium start to experience serious defects and reactions to mold that has built up. As a result the HOA sues the developer, who in turns sues the contractor, who in turn sues the subcontractors for their defective work. It becomes necessary in such a case to retain a civil litigator with significant experience in complex business issues, contract disputes, construction defect law, and personal injury cases.What Happens in Lawsuit?
There are several possible stages in civil litigation including investigation, filing of a complaint, responding to a complaint, discovery and depositions, pre-trial motions, trial, settlement, and appeal. Occasionally, a case may be resolved simply with the filing of a lawsuit and discussion between the parties' attorneys. However, in a complex construction case like the one described above, there may be many complications that take years to resolve. For example, multiple parties may file motions on why the case has no merit, many mediation sessions may be necessary to address each party's issues with the other parties, and it may be necessary for the parties to retain a Special Master to manage the discovery and deposition process.
Plaintiffs and defendants in Fremont and other cities in Alameda County are often sent to alternative dispute resolution (ADR) for settlement talks. A minority of cases, however, cannot be settled through mediations, arbitrations, or settlement conferences. Those cases go to trial.Experienced Fremont Litigation Attorney
James G. Schwartz is a seasoned Fremont civil litigation lawyer who has the ability to resolve cases amicably where possible, as well as the ability to take an aggressive approach and engage in strategic thinking to win at trial. With decades of experience representing Bay Area businesses and individuals, he is dedicated to ensuring that each case receives the thorough and diligent attention it deserves. Contact us at 925-463-1073 or via our online contact form.