Privacy, Business and Law

The filing of a bankruptcy petition operates as an automatic stay, which is the equivalent of an order of the bankruptcy court that parties stop collection efforts against the debtor. Parties must stop prosecuting all pending lawsuits against the debtor until the bankruptcy court grants permission to proceed (permission to continue actions against the debtor [...]

In San Diego County Superior Court, over 90% of lawsuits are disposed of by dismissal or judgment within one year after the date on which the case is commenced. The time to trial will typically be a bit longer in the federal courts. Our district suffers from a lack of judges and facilities to dispose [...]

In the California courts, if the judge is of the opinion that the amount in controversy in a case does not exceed $50,000, the judge may order to parties to arbitration. The plaintiff can also elect to go to arbitration by agreeing to limit the award in a case to the $50,000 maximum. A hearing [...]

The general rule is that the prevailing party in a lawsuit does not have the right to recover attorney fees unless they are provided for by a contract or by the statute under which the case is brought.

Very little. In both state and federal courts, a party may make a motion asking the judge to recuse (disqualify) himself or herself, but under very limited circumstances. Examples of grounds for recusal include that the judge has personal knowledge of the facts in a case, has a financial interest in the outcome of a [...]

Only two types of cases are eligible to be decided in federal court. “Diversity Cases” are disputes between citizens of different states, in which the amount in controversy exceeds $50,000. “Federal Question” cases involve claims for relief under federal statutes. Examples of these include the Lanham Act (trademark violation and unfair trade practices), Securities Act [...]