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California Civil Litigation Attorney

Civil litigation is a term that has a very broad scope.  It basically means that two or more people or entities have a legal dispute between themselves that requires a resolution of some sort.  One party or both, may claim that they are owed money from the other, or they may want to prevent the other side from doing something, or require what is called equitable relief, having a judge decide a matter that does not require the award of damages.  Civil litigation does not include criminal matters.  Lawyers that practice in the general category of civil litigation are often called litigators or trial lawyers.  David H. Ricks & Associates are trial lawyers representing individuals in civil litigation matters in trials, arbitrations, mediations, administrative agencies, and miscellaneous hearings.  Litigation for our lawyers is limited to California’s State and Federal Courts in the San Bernardino, Riverside, Orange, Los Angeles and San Diego Counties.

The type of civil litigation work performed by David H. Ricks & Associates is primarily concentrated in the areas of:

 

Business Litigation

Personal Injury

Product Liability

Construction Disputes

Medical Malpractice

Employment and Labor Litigation

Intellectual Property

Real Estate

Commercial Disputes

Commercial Landlord – Tenant Issues

 

What is most important to David H. Ricks & Associates is the desire to provide excellent service for a fair price.  As a lawyer, we believe the true litigator is a problem solver, not a problem creator.  From the very beginning, the attitude projected into any case is one of finding a solution to the problem as early as possible so the client can get back to his or her business, and matters of most importance.  If a case can be resolved earlier rather than later, we have achieved a desired goal.  However, some cases cannot be resolved and need to be tried or arbitrated.  Having a lawyer that understands the courts and legal procedure is invaluable to receiving the best representation possible.

Civil litigation is an adversarial process that can be very stressful if a party, or even a lawyer, is unfamiliar with the legal process.  Not all lawyers are civil litigators and do not handle the adversarial process well.  For more than 22 years, David H. Ricks has immersed himself in the adversarial process of litigation and has successfully thousands of civil litigation matters.

We believe our firm will bring the following skills to your case:

Knowledge of the relevant substantive and procedural law
Persuasive written and oral advocacy skills
The ability to analyze complex matters and bring logical reasoning abilities
Understanding the factual materials brought in by the clients
Excellent interpersonal skills
The ability to promptly perform legal research and the software manage the case
Skills in developing the climate to resolve cases
Out of the box style negotiation skills

If you are looking for a Southern California trial lawyer, then please consider David H. Ricks & Associates.  Our firm handles civil litigation matters in San Bernardino, Riverside, Los Angeles and Orange Counties.  We also service businesses and individuals in need of civil litigation attorneys in the cities of San Dimas, Glendora, Claremont, Pomona, Chino, Chino Hills, Ontario, Upland, Diamond Bar, Corona, Norco, Mira Loma, Rancho Cucamonga, Alta Loma, Etiwanda, Fontana, Rialto, Bloomington, Highland, Colton, San Bernardino, Grand Terrace, Redlands, Loma Linda, Yucaipa, Riverside, Apple Valley, Victorville, Hesperia, Big Bear, Lake Arrowhead, Crestline, Blue Jay, Mt. Baldy, Wrightwood or any place in between.
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FAQ
What is a mechanic’s lien and how does it work?

 

Before we get to the mechanic’s lien we have to talk about a 20-day preliminary lien notice. Except for a contractor that is directly contracted with the property owner, this notice must be sent to the property owner to notify him/her of a subcontractor’s or supplier’s contribution to the property. The notice should be sent within 20 days from the time work began by that contractor to secure all the work performed. If it is filed later, it will only reach back 20 days from the date of the notice. If the document has not been sent (whether or not received) no mechanic’s lien can be enforced.

 

 

WHAT DO I NEED TO PROVE FOR A BREACH OF CONTRACT CASE?
 

Civil Code section 1549 provides: “A contract is an agreement to do or not to do a certain thing.” Courts have defined the term as follows: “A contract is a voluntary and lawful agreement, by competent parties, for good consideration, to do or not to do a specified thing.” (Robinson v. Magee (1858) 9 Cal. 81, 83.)

 

A breach of contract is when one or more parties fail to perform the agreement entered into prior to the performance of the specified thing.

 

 

 

CAN I RECOVER ATTORNEY FEES IF I WIN MY BREACH OF CONTRACT CASE?

 

This is probably one of the most often asked questions of me when I start my review of a breach of contract case. Whether a case proceeds to litigation often depends on the ability to recover the cost of attorney’s fees from the opposing party. I often see businesses or individuals that are owed $20,000.00 or less from someone that did not pay for the services or did not pay on a loan. 

 

 

 

  

What is a "Preliminary 20-day notice" and as a California contractor, material supplier or subcontractor do I have to serve one to protect my rights?

 
First, the preliminary 20-day notice is a written notice from a contractor/subcontractor/material supplier that is given to an owner, the general contractor, lender and/or construction financer of a property, advising them that the individual or company is either delivering supplies or performing construction related services on a particular parcel of property or on a building. 
 
 
 

If I have a signed purchase contract, and the seller tries to back out and sell the property to another for a higher price, what rights do I have?
 

 
This problem was prevalent in the time period when the property values were skyrocketing.  In fact, there was a lot of litigation between buyers and sellers because we were seeing property values rise weekly and sellers were trying to capture the highest price regardless of the consequences to the buyer and his or her family. 

 

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