Wade Litigation represents individuals and businesses in Bakersfield and Kern County in civil litigation: breach of contract, business and partnership disputes, fraud and misrepresentation, real property disputes, and other claims that end up in court. Our attorneys appear regularly in the Kern County Superior Court in downtown Bakersfield, prepare every case as if it will be tried, and offer a no-cost case evaluation so you know where you stand before you commit to litigation.
What a Bakersfield Civil Litigation Attorney Does
Civil litigation is the process of resolving a dispute over money, property or rights through the courts. A civil litigator evaluates the claim, sends and responds to demand letters, files or answers the complaint, conducts discovery, brings and opposes motions, negotiates settlement, and tries the case if it does not settle. The best civil litigators are also the best settlers, because the other side settles on reasonable terms only when it believes you will win at trial.
Bakersfield is the seat of Kern County, one of the largest counties in California by land area, with an economy built on energy and agriculture. Disputes here frequently involve oil and gas leases and royalties, farm contracts and equipment, family businesses passed between generations, and employment that takes people far from home.
Cases We Handle
Breach of written and oral contracts; partnership, LLC and shareholder disputes; fraud, misrepresentation and concealment; breach of fiduciary duty; real estate purchase and sale disputes, nondisclosure claims, boundary and easement disputes and partition actions; construction disputes; collection of commercial debts; unfair competition and interference with contract; and defense of these claims when our clients are sued. For disputes about a will, trust or estate, see our Bakersfield probate litigation page.
How a Civil Case Moves Through Kern County Superior Court
A case begins with a complaint and the defendant’s answer or demurrer. The court assigns the case to a department and sets a case management conference and, eventually, a trial date. In between, the parties exchange written discovery, take depositions and bring motions, and most courts require the parties to attend mediation or a mandatory settlement conference before trial. Cases seeking smaller amounts proceed as limited civil cases with streamlined procedures; larger cases proceed as unlimited civil cases. The whole process typically takes a year or more for a contested case, and knowing how the local departments manage their calendars helps us move a case efficiently.
Deadlines That Can End a Case
California’s statutes of limitation are unforgiving. Claims on a written contract must generally be filed within four years, claims on an oral contract within two, fraud claims within three years of discovery, and claims against a public entity require a government claim within months of the injury. Once served, a defendant has a short window to respond before a default can be taken. If you think you have a claim or you have been served, the first step is to find out what deadline applies.
What Civil Litigation Costs
Civil litigation is billed hourly against a retainer in most cases, and the total depends on how far the case goes. We give clients a realistic budget at the outset, revisit it at each stage, and make a deliberate decision with the client at every step about whether the expected result justifies the next expenditure. In appropriate cases we pursue attorney fees from the other side under a contract or statute.
Why Bakersfield Clients Choose Wade Litigation
Our firm was built by litigators. We prepare every matter to be decided by a judge, which is what produces strong settlements and credible positions in court. Clients also choose us because we return calls, explain the process in plain language, and tell them where their case stands at every step. Our founder, Amiel Wade, has built a record of more than 300 winning cases, and the firm has been recognized by the National Academy of Family Law Attorneys, the American Institute of Family Law Attorneys and the American Institute of Legal Professionals.
Serving All of Kern County
We represent individuals and businesses in Bakersfield, Delano, Ridgecrest, Tehachapi, Wasco, Shafter, Arvin, Taft and every other community in Kern County. Consultations are available by phone and video, and in person by appointment. Contact Wade Litigation for a no-cost case evaluation, or learn more about our Bakersfield litigation practice.
How long do I have to file a lawsuit in California?
It depends on the claim. Written contract claims generally must be filed within four years, oral contract claims within two, and fraud claims within three years of discovery. Claims against government entities have much shorter claim-filing deadlines. Confirm your deadline with an attorney promptly.
I was served with a lawsuit. How long do I have to respond?
Generally 30 days from service to file an answer or other response in California superior court. If you miss the deadline the plaintiff can request a default, so contact an attorney as soon as you are served.
How long does a civil case take in Kern County?
A contested case typically takes a year or more from filing to trial in Kern County Superior Court, depending on the court’s calendar and the complexity of discovery. Many cases settle at mediation or a mandatory settlement conference before trial.
Can I recover my attorney fees?
Only if a contract or statute provides for it. Many commercial contracts include an attorney fee clause, and some statutory claims award fees to the prevailing party. Otherwise each side pays its own fees.
What is the difference between limited and unlimited civil cases?
Limited civil cases involve smaller amounts in controversy and use streamlined discovery and procedures; unlimited civil cases have no cap and full procedures. Small claims court handles the smallest disputes without attorneys.
Do most civil cases settle?
Yes, the large majority settle before trial. Settlement value, however, depends on how well prepared each side is for trial, which is why we prepare every case as if it will be tried.
Clients Throughout California
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