Discovery Phase in Litigation – Anatomy of a Lawsuit Part VI

This series applies to California lawsuits only. For rules regarding your state’s civil litigation procedure, visit the website for your specific state’s judicial branch. This is a very broad overview. Multiple considerations must take place and detailed analysis goes into each step. To recap, we’ve discussed some considerations before filing a lawsuit such as What is the Deadline to File a Lawsuit and Where to File a Lawsuit. We’ve also discussed How to File a Lawsuit and Responding to a Lawsuit. Here’s a visual representation of what a lawsuit looks like. This article focuses on the phase within the blue circle. Once the initial pleadings are filed in the case and assuming that the case survives the first phase, it will move into the discovery phase. This is a big chunk of the lawsuit and one of the most expensive phases of litigation and has numerous components some of which are: Research and Strategy Litigation is a dynamic process and no two cases are exactly the same. Therefore, research and strategy is an ongoing component of any lawsuit and will take place from the case’s … Continue reading

In: Anatomy of a Lawsuit, Uncategorized | Leave a comment

Hiring an Employee – “Have You Ever Been Convicted?”

I received a lot of questions from employers who have read my post on job application questions related to arrests and criminal records. The main concerns that businesses have are related to managing risks in hiring an employee and the desire to ensure that they do not engage in negligent hiring. Most wanted to know whether they could ask about criminal convictions. The answer is yes, but . . . Inquiries into criminal convictions must: Come after you’ve determined that the applicant meets the qualifications for the job; Not be related to marijuana convictions two years or older; Be accompanied by a statement that a conviction will not automatically prohibit employment (unless it is for a position that where federal or state law prohibits one with a criminal conviction from holding); Be job related and consistent with business necessity.  There are 3 factors to consider when making the determination: The nature and gravity of the offense or conduct Careful consideration of the nature and gravity of the offense or conduct is the first step in determining whether a specific crime may be relevant to concerns about risks … Continue reading

In: Employment Law, Uncategorized | Leave a comment

California Lawsuits – Anatomy of a Lawsuit Part III

This series applies to California lawsuits only. For rules regarding your state’s civil litigation procedure, visit the website for your state’s judicial branch. It’s been while since I wrote a post for the Anatomy of a Lawsuit series but I’m back. So far, we’ve discussed Statutes of Limitations and Where to File a Lawsuit. Today I will give you a broad overview of the trajectory a lawsuit. In the following weeks, I will discuss each part in greater detail. Filing a Lawsuit If you are considering filing a lawsuit or have been served with a summons and complaint and wondering “What to do after being served,” I would be happy to help you navigate through the complicated legal process.  Feel free to contact me here to call (949) 529-0007.   Next up, learn about Filing a Lawsuit in California.  Sign Up for Monthly Updates For Email Newsletters you can trust. Please read our disclaimer.

In: Anatomy of a Lawsuit, California Civil Litigation, Uncategorized | Leave a comment