Civil Litigation Attorney - San Diego California

Frequently Asked Questions

What is Civil Litigation?

Simply put, if you are being sued, or are suing someone else, you are involved in Civil Litigation.  Some examples of Civil Litigation actions include personal injury, contract disputes, civil rights claims (false arrest or discrimination), real estate and construction defects, property damage or restraining orders.

Civil Litigation also includes the important area of business litigation. Business litigation occurs any time there is a business dispute that requires a court’s assistance for resolution. It is also frequently called Commercial Litigation. Business litigation can include a large number of causes of action including breach of contract, all business torts, and areas of intellectual property litigation such a patent infringement lawsuits, copyright infringement lawsuit, as well as litigation involving trade secrets, trade dress, trade libel and even suits for infringement of name and likeness rights. Gaston & Gaston APLC is experienced in handling a broad range of business and commercial litigation matters for large and small companies.

Small business especially need cost-effective, experienced local counsel to assist them with their litigation needs. The business litigation attorneys at Gaston & Gaston APLC can also act as local counsel within California for companies represented by other litigation counsel out of state for matters being tried within the state of California. Over the years, Gaston & Gaston APLC has resolved a wide variety of business and commercial litigation matters.

If you have a matter in San Diego County, Riverside County or the Inland Empire, Orange County or Los Angeles County, turn to the experienced business litigators at Gaston & Gaston APLC for assistance with your pre-litigation and trial needs. We can be reached at 619-398-1882.

Who becomes involved with Civil Litigation?

Anyone who has been harmed or suffered damages due to the acts (or failure to act) of another may sue that other person to recover their loss.  Typical examples include breach of contract or damage caused to your vehicle, person, home, or family due to the acts of another person.

When should I begin my Civil Litigation?

Soon.  California law limits the time during which you may bring an action to recover damages.  In some cases a person seeking to recover their damages have only one year during which to bring their case to court.  If you believe you have a cause of action you should immediately contact an attorney to determine your time limits.

How much will all this cost?

The costs associated with bringing a Civil Litigation lawsuit are typically paid for in one of two ways: retainer or contingency fee.  The more traditional method is the retainer agreement.  Under this type of agreement, the client will deposit an agreed upon amount which will then be placed in a trust account for that client.  At regular intervals the client will be given a statement of billing and funds will be dawn from the client trust account.  Deposits for retainers can vary greatly depending on the complexity of the case.

The second method of payment is the contingency fee agreement.  This method is almost exclusively used in Plaintiff’s (the person who is suing for damages, rather than defending) cases.  Under this method the Attorney and Client agree that the fees to be paid to the Attorney will be contingent upon a favorable outcome for the Client.  Thus, if the Client prevails in his or her case, the Attorney will then be paid a percentage of the recovery.  Percentages can vary, and indeed, may change depending upon when the case is finalized.  However, contingency fee agreements will typically provide that the Attorney will be paid between 25% to 40% of the recovery.

How long is all this going to take?

The typical length of time from filing a complaint to presenting your case to a Judge and/or Jury is about one year.  However, depending on the ease or complexity of the case, the time can be greatly shortened, or drawn out considerably. Though a year does indeed seem a long time, San Diego courts are “Fast Track” courts and thus adhere to a fairly strict schedule in an attempt to have civil case progress at a reasonable speed. 

Should I bring anything to my first meeting with my Lawyer?

If you have something you think is important, bring it with you.  Contracts, notes, correspondence, or any journals you have kept are potentially helpful in your case.  Further, if possible, create a timeline of events as you remember them.  Contact information for those parties involved is oftentimes helpful as well.

What exactly is “Of Counsel”?

Technically, the Rules of Professional Conduct of the State Bar of California, Rule 1-400 state that a firm or law practice can not “communicate” that an attorney is “Of Counsel” unless the former has a relationship with the latter (other than as a partner or associate, or officer or shareholder pursuant to Business and professions Code sections 6160-6172) which is close, personal, continuous, and regular.

Gaston & Gaston's Service Area

Our service area includes Aliso Viejo, Anaheim, Costa Mesa, Dana Point, Fountain Valley, Hollywood, Huntington Beach, Irvine, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, Los Alamitos, Mission Viejo, Newport Beach, Orange, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Seal Beach, Tustin, Villa Park, Riverside, Moreno Valley, Temecula, Oceanside, San Diego, Del Mar, Los Angeles, Long Beach, Glendale, Santa Clarita, Torrance, Pasadena, West Covina, Norwalk, Burbank, Beverly Hills, Cerritos, Claremont, Culver City, Hermosa Beach, Huntington Park, Malibu, Manhattan Beach, Monterey Park, Palos Verdes Estates, Rancho Palos Verdes, Redondo Beach, Rolling Hills, Rolling Hills Estates, San Marino, Santa Fe Springs, Santa Monica, Sierra Madre, South Pasadena, West Hollywood