Question

My business has been sued in California. What’s the quickest way to make the lawsuit go away?

Warren Morten - Business/Corporate - Super Lawyers

Answered by: Warren Morten

Morten & Fairchild PC
Irvine, CA
Phone: 949-579-2760
Fax: 949-535-2025

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Answer

The most important thing to do if your business has been sued is to call a lawyer promptly. You can try to resolve a situation on your own before a lawsuit has been filed, but once it’s been filed you must call an attorney. If you wait more than 30 days to respond, you will risk getting a default and losing automatically. A lawyer will make sure that you are following the correct course of action to hopefully get the case dismissed.

Your lawyer will need some help on your side. There are three things you can do to help your lawyer get this taken care of as soon as possible:

  1. Gather all documents and evidence related to the lawsuit. What exactly you should gather depends on the case, but essentially, you need to gather any document involving the other party. Emails, contracts, text messages and especially any agreement signed by the other party will be crucial. Get this evidence in a hard or digital copy as soon as possible, because the longer you wait, the more likely it is that the evidence will spoil. For instance, emails on a server could be wiped out by a virus or deleted by a user. Websites are taken down and records rooms flood. It is safest to get the evidence to your lawyer as soon as possible.
  2. Don’t try to talk to the other side without counsel. This is very important. It is not illegal for you to talk to the other side in most cases, but it is very inadvisable, because you might say something without realizing it that could hurt your case. You should always assume that any conversation is being recorded and the other side could submit it as evidence.
  3. Don’t get hung up on being “right”. In any lawsuit, it is difficult not to feel that you are being treated unfairly and to become indignant. You must remain calm. It’s more important to be smart than right: allow your attorney to handle the lawsuit, and don’t endanger your case by becoming angry, especially in court or with the other side.

The other side might try to drag things out, making it more expensive and riskier for you in terms of the outcome. By providing evidence and following your lawyer’s directions, especially these three points, you can minimize the risk and handle the lawsuit efficiently.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

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