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About The California Legal Process
Contrary to what many believe the legal process when pursuing a California labor lawsuit does not have to be complicated. Granted, there may be certain motions filed that make the case “twist and turn” a bit, however once you understand that most of the legal process is simply governed by California civil procedure administered by the court, it is not that difficult.
This is a general summary that will help you understand how the California legal process works in the court system, step by step, but is not all encompassing.
Step By Step Process
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Starting the Case: Typically, once a case is accepted, a demand is sent to the employer outlining their liability and proposing a settlement amount to attempt to resolve the case without filing a lawsuit. A few weeks may elapse before a response is received. This allows the employer to consult with legal counsel and assess the demand. Demands sometimes open up dialogue for a future settlement, but in many instances, it does not result in an immediate settlement. Through the process of a “tolling agreement” both sides may be able to initially forego filing a lawsuit and toll the statute so the client does not lose part of their claim while negotiations are going on. Either party may lift the tolling agreement at any time with proper notice if settlement discussions do not appear to be making any progress. |
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Litigation: If the initial demand and or tolling agreement efforts are unsuccessful, a complaint is prepared listing the various causes of actions that will be pursued against your Employer. For example, overtime pay, meals and breaks, failure to accurately itemize pay stubs, to name a few. The complaint is filed with the Court and served on the opposing party or their legal counsel. The opposing party then has 30 days to respond to the complaint. A response is in a legal format that must be prepared, filed with the court, and served to your attorney. |
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Discovery: The next part of the process involves both sides serving discovery on each other. In this process, documents are requested to be produced and questions are posed to be answered pertaining to the subject matter of the case. Your lawyer will prepare the responses after conferring with you and send the answers to the opposing counsel. The parties may continue to conduct discovery until the discovery cut-off date, imposed by the California Court. |
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Depositions: Depositions are a type of discovery, called oral discovery. A deposition is an informal “question and answer” session usually conducted in one of the attorney’s office or other office outside the court whereby the party being deposed is asked questions under oath about the case. This testimony will act just like testimony given in a courtroom, so this step of the discovery process is very critical because the transcript may be used in law and motion matters afterward. A court reporter is present recording everything that is being said during the deposition. Depositions can last one or more days and the other side may request that the deposed party also produce documents for the deposition. The party being deposed can have their lawyer present and any party to the action i.e. a representative of the California employer may also be present. All parties will have a right to view the deposition transcript. |
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Mandatory settlement conferences and mediations: This is known as a means of “Alternative Dispute Resolution.” This means the parties will try to resolve their case outside of Court. The Court will allow the parties to discuss whether they want to engage in Alternative Dispute Resolution, typically by way of Mediation. Mediation can be voluntary or involuntary, depending on how a California judge wants to handle the case. Mediations are conducted by retired judges or seasoned attorneys who specialize in the subject matter of your case. Unlike Mediation, a Mandatory Settlement Conference is a court-ordered last attempt to settle the case before the trial date, which is typically a week or so after the Mandatory Settlement Conference. It is important to understand that in both mediation and at a Mandatory Settlement Conference, risks of both sides are assessed and neither party may be completely happy with the outcome. However, the benefit of settling outside of trial means both parties secure the certainty of resolution. |
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Trial: This is the final stage of litigation if the parties are unable to settle the case before trial. Trial may be with a jury or without a jury, which is known as a bench trial. The length of the trial will depend on the complexity of the issues and the number of witnesses each party intends to have on the witness stand. Once trial is complete, the judge or the jury will provide a verdict. The losing party may file an appeal in the California Court of Appeals. |
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