What is the Litigation Process?

The litigation process in California is a multi-step journey that can be both lengthy and costly. At Kendall Law, we represent both plaintiffs and defendants in civil cases across various areas of law, including real estate disputes, contract issues, and more. Understanding the broader litigation framework is essential for clients navigating complex legal challenges.

1. Initiation of Litigation: A civil action is initiated by filing a complaint in the appropriate court. The complaint must state the claims and the relief sought by the plaintiff. A plaintiff is the person that brings the action, and the defendant is the one that the claims are brought against. 
   
   
2. Responsive Pleading: The Defendant will have to file a response to the complaint within a specified time depending on service. A response could be an answer, or it can be a pleading that challenges the complaint.  
   
   
3. Pretrial Procedures: Pretrial procedures include discovery, where parties exchange information and evidence relevant to the case. Discovery is designed to expedite the trial by enabling counsel to obtain evidence and set at rest issues that are not genuinely disputed Pretrial conferences are held to simplify and define the issues and determine how the trial may proceed most expeditiously. 
   
   
4. Mediation: California law encourages alternative dispute resolution methods such as mediation. Mediation is a voluntary process where a neutral third party helps the disputing parties reach a settlement. 
   
   
5. Settlement Conferences: Mandatory settlement conferences may be held to encourage the parties to settle the case before trial. 
   
   
6. Trial: If the case does not settle through mediation, it proceeds to trial. The trial can be before a judge (bench trial) or a jury. The parties present their evidence and arguments, and the judge or jury makes a decision on the case. 
   
   
7. Appeals: After the trial, the losing party may appeal the decision to a higher court. The appeal process involves submitting written briefs and, in some cases, oral arguments. The appellate court reviews the trial court’s decision for legal errors  

We recognize that litigation is an essential mechanism for resolving disputes. Whether you’re pursuing a claim or defending against one, having a trusted legal partner can make all the difference. Our experienced team is here to guide you through every stage, from filing a complaint to trial and appeal. If you’re facing a legal challenge, contact Kendall Law for strategic solutions tailored to your needs.