Civil litigation is the process by which civil disputes are settled in a court of law. Civil law is enacted by legislators and enforced by judges. Civil law is most often enshrined in statutes, but is also created through judicial rulings. Although lawyers may often imply specialized areas of law (e.g. employment law) are distinct, civil litigation concerns all disputes submitted to the court by a plaintiff, which allege wrong doing by a defendant, but not the commission of a crime. Civil Litigation typically refers to suits involving such areas as: personal injury, contract disputes, landlord/tenant, medical malpractice, real estate, and employment.

Our team of experienced lawyers has a diverse background in civil litigation, and a wealth of knowledge to help you in evaluating your potential legal claims. According to a U.S Department of Justice survey, 97 perecent of civil cases are settled or dismissed without a trial. Defendants know this, which is why our attorneys start from day one preparing your case as if it is going to trial. From our experience, we know defendants are willing to pay more to resolve your case when they know that you are willing and prepared to take it to trial.

A class action lawsuit permits plaintiffs with a common interest to sue on behalf of a large group (the class), when individuals might not otherwise have the means or incentive to file suit. Class actions allow similarly-situated persons or entities to recover damages from defendants when it would not be feasible for class members to sue individually. Class action lawsuits perform a valuable social function in discouraging illegal business practices and unlawful conduct, by bad-actors who might not otherwise expect to be prosecuted. Class action lawsuits also allow courts to handle large numbers of similar plaintiffs, when many individual lawsuits would be unmanageable.

If you believe that you were a victim of a civil wrongdoing that has affected a large number of people, our attorneys may be able to help. We have experience in all types of class action matters, including: consumer fraud, employment law, illegal text message and robo-calls, and unfair and anti-competitive business practices.

Consumer fraud is unlawful conduct during a business transaction, which results in damages to a consumer. Consumer fraud might take the form of deception, misrepresentation, false promises, or concealment of fact, to sell or advertise products and services (with the intent that consumers rely on these untruths). When services or products do not perform as advertised, the purchaser’s legal rights have been violated. Overcharging and hidden fees also constitute consumer fraud. Consumer fraud might happen in person, over the phone, via mail, or on the Internet.

Employment law governs the relationship between employers and employees. Employers have certain responsibilities to employees under state and federal laws. Employment law defines the obligations, responsibilities, and rights that employers and employees have in the context of the employment relationship. Discrimination, work conditions, wrongful termination, wages, and occupational safety all fall under the category of employment law.

If you are involved in an employment law dispute, or believe you may become involved in one, it’s in your best interest to consult with an attorney immediately. There are certain procedures that must be followed and deadlines that may affect your right to recover for employment law violations. Our firm has experience in prosecuting employment matters relating to discrimination, unpaid wages, and wrongful termination. Please feel free to call us today for a free consultation.

Unfair business practices are fraudulent, unethical, or deceptive tactics perpetrated by businesses on consumers or competitors — which are prohibited by law.

Unfair business practices may arise whenever products or services are sold, including: consumer goods, tenant/landlord matters, debt collection, and insurance claims. Forbidden practices include, but are not limited to: misrepresenting that goods or services are of a particular standard, quality, or grade; or that goods are of a particular style or model, if they are of another; advertising goods or services with intent not to sell them as advertised, misrepresenting the source of the good and services, representing reconditioned goods as new, advertising goods without having the expected demand in stock; and representing that a transaction confers or involves rights, remedies, or obligations which it does not have or involve, or which are prohibited by law. They also involve defaming or disparaging a competior and its goods or services. Both compensatory and punitive damages may be awarded for rulings of unfair business practices.

Anti-trust laws prohibit collusion by businesses, to ensure fair competition exists in an open-market economy. Anti-trust laws ensure market competition creates fair prices, and prohibits anti-competitive conspiracies (such as bid-rigging, price fixing, and malicious mergers) from artificially increasing rates for consumer goods and services. Anti-trust law discourages these practices, resulting in consumer benefit, as well awarding damages for violations.

Spreter & Petiprin represents consumers in class action lawsuits against corporations that engage in intentional conduct that harms consumers, businesses, and the free market place. We also represent businesses who have been victims of unfair business pratices intended to harm free competition. If you believe that you have been harmed by an unfair business practice, please feel free to call us and speak with one our experienced business litigation attorneys.

The Telephone Consumer Protection Act of 1991 (TCPA) was enacted to restrict unwanted electronic commercial communications. The TCPA limits solicitations commonly known as telemarketing. It also restricts use of certain autodialing technologies, pre-recorded “robocalls,” misuse of fax machines, and spam texts. TCPA requires identification and contact information to be included with messages sent using such devices. The TCPA also mandates business respect the National Do Not Call Registry. Plaintiffs may recover up to $1,500 per violation of the Telephone Consumer Protection Act. Debt collectors have been known to violate the act by aggressively using pre-recorded robo-calls to collect alleged debts.

If you have been a victim of an unlawful debt collection process, or have received unwanted pre-recorded calls and text messages from marketers or debt collectors, we would like to speak with you about your potential claims. Depending on the facts of your case, you may be entitled to statutory damages of up to $1,500 per call or text and other compensation.

Wildfires can be terrifying and catastrophic. Often caused by an electrical utility’s equipment malfunctioning in inclement weather, the flames can reach 50 feet in the air, and travel at speeds of 80 miles per hour. Wildfires can consume thousands of acres of public and private land – homes, businesses, personal property, and landscaping. They exact a huge personal toll on survivors, both financially and emotionally.

Our experienced wildfire lawyers hold utilities responsible under two legal theories: Inverse Condemnation, and Tort Law.

Inverse Condemnation:

Inverse condemnation originates under Article I, section 19 of the California Constitution: “private property may be taken or damaged for a public use and only when just compensation…has first been paid to…the owner.”

Under inverse condemnation, if a governmental entity (including a privately-held public utility) “takes” or “damages” property of a citizen, it’s liable for the fair-market value of the damaged property.

The inverse claim is similar to eminent domain, except property is taken before it’s condemned – hence the term inverse condemnation. If evidence demonstrates a utility’s powerlines cause a fire, it will be per se liable for the property damage caused (even if the utility wasn’t negligent in its operations).

The theory of inverse condemnation has been used to great effect holding public utilities accountable in previous wildfires. As recently as June 2017, PG&E was found liable under the theory for the 2015 Butte Fire (caused by a tree contacting PG&E’s lines).

Tort Law:

Tort liability compensates citizens for harms caused them by others. In the event a utility is negligent or caused a trespass, in allowing a wildfire to spread, the utility may be liable for damages greater than the fair-market value of lost property. These damages are broad in scope, and include: personal injuries, emotional distress, pain and suffering, lost income and business profits, damages to trees and landscaping, replacement costs for real and personal property – and cherished possessions to which a value is hard to assign.

Our attorneys are extremely experienced in all aspects of wildfire litigation, whether its theories of liability or damages. We have worked many of the largest wildfire cases:

• 2007 San Diego Wildfire Cases (San Diego, CA)

• 2011 Caughlin Ranch (Reno, NV)

• 2013 Pfieffer Fire (Big Sur, CA)

• 2015 Butte Fire (Calaveras County, CA)

• 2016 Erskine Fire (Lake Isabella, CA)

• 2017 North Bay Fires (Napa, Sonoma County, CA)

• 2017 Thomas Fire (Ventura County, CA)

• 2018 Montecito Mudslides (Santa Barbara, CA)

• 2018 Woolsey Fire (Ventura & Los Angeles, CA)

What sets us apart from other firms: we meet with our clients and learn their stories. We have helped hundreds of clients rebuild and recover from wildfires. We know how hard it is, which is why we are there for our clients from day one.