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760.438.8460
info@stanprowse.com
5876 Owens Avenue, Suite 150, Carlsbad, California 92008

Many lawyers use the phrase civil litigation to describe what they do.  However, you won’t find a “civil litigation” section in the yellow pages.  So what does civil litigation mean?  “Civil” is the opposite of “criminal,” so we are not talking about crime.  “Litigation” is “going to court,” so we are talking about lawsuits.  That excludes a great deal of what lawyers do, such as negotiating and drafting contracts, forming corporations and limited liability companies, arranging mergers and acquisitions, preparing wills and trusts, and giving tax advice.  On the other hand, civil litigation includes many things lawyers do that aren’t usually referred to as civil litigation because they have their own more specific names.  For example, there are lawyers who do personal injury lawsuits, lawyers who do collection lawsuits, lawyers who do medical malpractice lawsuits, lawyers who do divorces, and lawyers who do evictions.  In practice civil litigation means civil lawsuits that don’t fall into such well-defined categories - in other words, what’s left over.  That includes lawsuits over a breach of contract or fraud, such as a default by a borrower on a loan or concealment by a seller of a defect in his house.  Civil litigation has always been a substantial part of what I do.  It tends to involve basic rules of law rather than narrow statutory interpretation.  I enjoy piecing together the story of who did what to whom.  It’s something like putting a jigsaw puzzle together or solving a mystery.

  • Civil Litigation

    Attorney Stanley D. Prowse as a trial lawyer is fully qualified to represent you in all of your civil litigation and lawsuit needs.

    Litigation is the process of going to a trial court to settle a dispute through a lawsuit. Civil litigation resolves disputes involving civil law, which comes in two main varieties, contract law and tort law. Contract law generally deals with broken agreements and resulting monetary loss.  The court first determines whether the agreement has been broken.

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    What Is Litigation?
    Anatomy of a Lawsuit Part I
    Anatomy of a Lawsuit Part II

  • Mediation and Arbitration

    There are two additional alternatives for dispute resolution besides a lawsuit, Mediation and Arbitration.  A mediation is voluntary.  Instead of filing a lawsuit, you ask the other guy to mediate.  Frequently lawyers aren’t involved.  If the other guy agrees, the mediation is conducted in a conference room, not a courtroom, by a mediator who tries to get the two of you to settle.

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    History of Mediation
    Mediate, Arbitrate or Litigate

  • Enforcing Judgements

    In most cases a Judgement is no more than a government document entitling a winning plaintiff to take a losing defendant’s property to satisfy a debt. However, official as it may appear, a judgment is only a piece of paper.  It is not money. Winning a lawsuit against a defendant does not necessarily mean you will automatically be able to recoup your loss through a judgement if the defendant is a person without income or non-exempt assets.

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    Enforcing A Judgment