Who Will Hear a Commercial Litigation Case in San Diego?

There are many different kinds of disputes that occur in the business world. Business disputes that can lead to commercial litigation can include disagreements among shareholders and boards of directors or executives; claims of unfair competition; potential violations of securities laws; and consumer fraud or consumer protection cases, among others. civil litigation case

When you are involved in a commercial litigation case in San Diego, it is important to understand who will preside over your case. You need to know who is going to determine the outcome of your legal dispute so you can be prepared to present evidence in a compelling way and in accordance with the rules. An experienced San Diego, CA business lawyer can help you to understand who is going to hear your commercial litigation case in San Diego and can assist in putting together the strongest possible claim.

Who Will Hear a Commercial Litigation Case in San Diego?

Many business disputes are resolved through alternative dispute resolution. If your dispute is with someone you need to work with again, like a business partner, then you may wish to consider mediation. If you have signed a binding arbitration contract when entering into a transaction or a relationship, then you may have no choice but to submit your case to arbitration. The arbitrator will hear evidence and make a decision on the relevant legal issues. While mediation is voluntary and you can chose to come to an agreement or walk away at any time, binding arbitration is required and you must abide by the decisions the arbitrator has made. You can appeal, but courts do not reverse the decisions of arbitrators unless major mistakes were made.

If your case is not resolved through the negotiation of a settlement or through alternative dispute resolution, then you need to know what court has authority to hear your commercial litigation case in San Diego. Your case may be heard in either state court or federal court.

State court is a court of general jurisdiction. Any cases arising out of state laws (including statutes and common law/case law) can be heard in a state court.  This can include things like breach of contract claims.

Federal courts are courts of limited jurisdiction. A case will be heard in federal court only if it arises out of federal law or a federal question is raised. For example, a case can be heard in federal court if the claims are based on the Securities Act of 1933 or on Title VII of the Civil Rights Act.

If a case does not raise a federal question, then the case could be heard in federal court if diversity jurisdiction exists. This occurs when the parties on opposing sides of the disagreement are from different states and when the amount in controversy is $75,000 or more.

In some situations when you have a commercial litigation case in San Diego, you will have a choice of having your case heard in federal court or state court. This is called concurrent jurisdiction. Your attorney should advise you on which is the best court for your case to be heard.

Sepahi Law Group, APC has represented many clients who have a commercial litigation case in San Diego. Call today to schedule a consultation and learn more about how we can help with your claim.

Scroll to Top