Question 1

How do I know whether my dispute is worth pursuing in litigation?

Accepted Answer

That depends on three things: the strength of your legal position, the likely cost of litigation, and the realistic value of what you stand to recover or protect. We evaluate all three at the outset so the decision to litigate is strategic rather than emotional.

Question 2

What is the difference between state court and federal court, and does it matter which one my case is in?

Accepted Answer

Yes. State and federal courts have different rules, timelines, discovery standards, and judicial cultures. The choice of forum can affect the pace of the case, the jury pool, and the applicable law.

Question 3

Do I really need an attorney to form an LLC or corporation, or can I do it myself online?

Accepted Answer

You can form an entity online, but generic forms often do not address ownership structure, management rights, investor issues, or what happens if a dispute arises later.

Question 4

My business partner and I have a disagreement. What are my options?

Accepted Answer

Your options depend largely on your operating agreement or shareholder agreement. Those documents may address buyouts, deadlocks, voting rights, and dispute resolution.

Question 5

As an employer, what are the most common mistakes that lead to employment litigation in California?

Accepted Answer

The most common mistakes involve inconsistent documentation, manager conduct, wage and hour violations, and retaliation.

Question 6

What is retaliation and why is it often the strongest claim in an employment case?

Accepted Answer

Retaliation occurs when an employer takes adverse action because an employee engaged in protected activity. These claims are often supported by timing and documentation.

Question 7

Do I need a trust, or is a will sufficient?

Accepted Answer

For many California residents with meaningful assets, a revocable living trust is preferable because it avoids probate and allows assets to pass more efficiently and privately.

Question 8

What happens if I die without an estate plan in California?

Accepted Answer

Your assets will be distributed according to California intestate succession laws, which may not reflect your wishes or family circumstances.

FAQ

Frequently Asked Questions

How do I know whether my dispute is worth pursuing in litigation?

What is the difference between state court and federal court, and does it matter which one my case is in?

How long does civil litigation typically take in California?

What is pre-litigation strategy and why does it matter?

What should I bring to my first meeting with a litigation attorney?

What is the difference between an intentional tort and negligence?

What is the difference between small claims court, limited civil court, and unlimited civil court in California?