Civil Litigation

Santa Barbara & Ventura, CA Civil Litigation Attorney

Civil litigation is a broad practice area that encompasses breaches of contract, real estate and construction disputes, and much more. Numerous individuals from all walks of life and businesses of every size are faced with civil litigation at one point or another, and the stakes can potentially be high. Whether you are named as a defendant or you need to initiate a lawsuit against another party, who can you count on to have your best interests in mind?

Turn to the Law Offices of Brian L. Fox, APLC. Our legal team is experienced with not only courtroom rules and procedures, but with alternative dispute resolution methods such as mediation and arbitration. If civil litigation is in your future, find out how we can serve you.

Types of Litigation We Handle in Santa Barbara and Ventura, CA

From sole proprietorships to corporations and every entity in between, businesses of all types and in all industries need dedicated legal counsel to handle a civil lawsuit. Individuals as well may need zealous legal advocacy to either defend their rights or enforce them against another party. Our firm represents both plaintiffs and defendants in such matters as:

Breach of contract: Failure to live up to one’s obligations under a written agreement may be a breach of contract. Compensatory damages and specific performance are among the most common damages a party will seek.
Fraud: Misrepresenting a product or service or omitting crucial details about it for the sake of financial gain is considered fraud. Holding a party accountable may require taking extraordinary steps like filing liens and seizing assets and funds.
Partnership dissolution: California law allows a business partner to file a lawsuit requesting a court-ordered dissolution of the company. This is not a simple step to take and there are additional necessary actions to wind down the business.
Unfair business practices: Businesses that engage in fraud, misrepresentation, and deceptive practices against consumers and other businesses can be held liable. In addition to other forms of judicial relief, punitive damages may be available depending on the circumstances.
Business disputes: These may include any number of internal problems, including legal conflict among owners or between employers and employees. Violations of state and federal law, breaches of fiduciary duties, and other issues can trigger litigation.
Warranties: A warranty breach occurs when a seller or manufacturer fails to live up to the promises it made about a product or service. Consumers can file lawsuits to enforce both express and implied warranties.
Mechanic’s lien: A mechanic’s lien is a claim filed on real property that can ultimately lead to a foreclosure action. Contractors and others can file a lien if they are unpaid for their work, although the property owner can take steps to remove an invalid lien.
Injunctions: An injunction is a court order that obligates someone to refrain from a particular act. They exist in all types of civil lawsuits and are frequently requested on an emergency basis to prevent irreparable harm.
Administrative law: We represent businesses and individuals, including professionals, in various actions before administrative bodies such as licensing boards. Objectives include avoiding penalties and other forms of discipline, protecting licenses, and alleviating regulatory burdens.
Liquor license violations: The ability to sell liquor and alcoholic beverages could be integral to one’s business, but failure to comply with applicable California regulations will threaten a license. We defend bars, restaurants, and other establishments that dispense alcohol.
Real estate litigation: Any dispute concerning the ownership or use of real property could spur a lawsuit. Common issues include breaches of real estate purchase and sale agreements, questions about who owns the property, trespass, nuisance, and title defects.
Construction defects: Poor construction work decreases the value of property, cheats owners out of their hard-earned money, and could potentially put individuals at risk of serious injury or death. We represent property owners, contractors, and others in these types of claims.
Premises liability: When property owners fail to keep their premises free of unreasonable hazards, and someone gets injured as a result, the victim can take legal action. Plaintiffs file premises liability lawsuits to seek payment for medical bills and other losses resulting from injury.

These are only a few of the specific disputes that we handle in civil litigation. We represent clients before administrative agencies, regulatory bodies, and in state and federal court. Our firm also assists with appellate court proceedings.

Santa Barbara and Ventura, CA Alternative Dispute Resolution (ADR)

There are alternatives to trying a case in court. Clients who wish to save time and money or preserve valuable business relationships may attempt to settle disagreements in mediation. Another option, which may be required before initiating a lawsuit, is arbitration.

There are important differences between these two ADR methods. In mediation, a neutral third-party known as a mediator works to facilitate productive negotiations between the parties in hopes of reaching a compromise and avoiding further legal action. The mediator does not make any decisions for the parties but, rather, helps them to weigh the advantages of settlement against the risks of a trial.

Conversely, an arbitrator does make decisions for the parties after hearing their arguments and reviewing their evidence in what amounts to something like an informal, private trial. Arbitration is typically required as part of a written contract and must usually be completed prior to, or sometimes in lieu of, a lawsuit. In other words, a decision reached in arbitration may either be legally binding or non-binding (advisory).

Contact Our Santa Barbara & Ventura, CA Civil Litigation Attorney

If you’re dealing with a civil lawsuit, you deserve a law firm that understands the substantive statutes that will govern your case as well as the various rules such as civil procedure, evidence, and discovery. For Santa Barbara & Ventura, CA individuals and businesses, that firm is the Law Offices of Brian L. Fox, APLC. Call us or fill out our online contact form today to get started.