Filing a Lawsuit in El Monte, California
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If you think that you may want to file a lawsuit, you should not make this decision lightly, and there are a lot of factors that need to be taken into account. Obviously, you should never go into a lawsuit without at least consulting a knowledgeable El Monte, California civil litigation attorney.
The El Monte, California attorney you end up retaining will be able to advise you on whether you have a good case. If you do, they will also advise you on your best options on how to proceed. Your lawyer can also inform you about what their fees are, and if they have multiple payment options.
Steps for Filing a Lawsuit in El Monte, California
Consultation with your attorney: Before you proceed with any legal action in El Monte, California, you should seek the advice and counsel of a knowledgeable El Monte, California attorney. He or she will be indispensable in helping you succeed in your lawsuit.
Drafting The Complaint: In El Monte, California, the first step to filing a lawsuit, once you've actually decided to do so (in consultation with your attorney), is writing a complaint. A complaint is simply a list of facts that you allege against the defendant. A court must look at these allegations and determine if they add up to a valid cause of action, assuming they're true. If they do not add up to a cause of action, the case may be dismissed. The complaint also typically ask the court to provide specific relief, should it rule in the plaintiff's favor.
Serving The Defendant: Once you, or your lawyer, have drafted a complaint, the defendant must be served with it, so they have notice that they're being sued, and are given time to prepare a defense. El Monte, California has particular rules governing how a complaint must be served, for the service to be valid. Personal service (having someone give the documents directly to the defendant) is preferred. However, some courts will also accept service by mail in limited circumstances, or service upon an adult member of the defendant's household.
Await the Response: The defendant in El Monte, California has an opportunity to respond to the allegations against them. They have various options in how they respond to a lawsuit. They can move to dismiss the case (arguing that, even if everything the complaint alleges is true, they would still not be liable for anything), or they can file with the court, and serve upon the plaintiff an answer. An answer is a point-by-point disposal of every allegation against the defendant. The defendant can admit the allegations, deny them, or claim that they do not have enough information to admit or deny them (which basically operates as a denial). Typically, the defendant will admit the inconsequential allegations, so they don't have to be litigated (if the lawsuit is about a car accident involving the plaintiff and defendant, they'll probably go ahead and admit that the accident took place), but deny any allegation that could establish liability, if true (they'll deny responsibility for the car accident, for example). If the defendant does not respond by the deadline, they will have a default judgment entered against them, and automatically lose the case.
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How Can A El Monte, California Tort Lawyer Help?
The basic outline above does not come close to covering all the details involved in filing a lawsuit in El Monte, California.
Accordingly, it's always a good idea to speak with a El Monte, California litigation attorney if you are contemplating filing a lawsuit against a person or company.
Lawsuit Attorneys in the Largest CA Cities
Life in El MonteEl Monte is near Los Angeles, California and home to approximately 113,475 residents. It is known as a friendly area that lies in the San Gabriel Valley region of east Los Angeles.
Popular attractions in El Monte are the American Heritage Park and Museum, Rose Hills Memorial Park, El Monte Historical Museum, Whittier Narrows Nature Center and Wildlife Sanctuary, American Society of Military History, and The Rawhide Ponies.
Top employers in El Monte include Wells Fargo, Vons, Toyota, Lexus, Cathay Bank, and elementary and high school districts.
El Monte is home to many small law offices, with competent attorneys practicing in most areas of law. If need be, residents may look to larger firms located in Los Angeles as well. Overall, the legal force within and near El Monte, California is very strong and capable of handling all legal inquiries.