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TORANITORANI LAW
You Create, We Protect.
Trademark Litigation
TORANI LAW vigorously defends your brand identity through expert trademark litigation, protecting your market position and reputation from infringement.
Copyright Litigation
Our firm provides robust copyright litigation services, safeguarding your creative works and intellectual property from unauthorized use and reproduction.
TTAB Proceedings
TORANI LAW expertly navigates Trademark Trial and Appeal Board (TTAB) proceedings, representing your interests in trademark registration disputes and cancellations.
Litigation Timelines
California Civil Litigation Timeline
(Getting to trial may take 1-2 years or longer)
- Lawsuit Filed
A lawsuit is called a 'Complaint'
Time limits for filing claims in California vary depending on the nature of the claim. For example, a person injured in an auto accident has two years from the date of the accident in which to file suit. If you feel like you have a potential claim, you should immediately contact an attorney to ensure that you understand the time limits in which you can file your claim.
- Complaint Served
Within 60 days. [CCP §412.20]
- Discovery May Start
Plaintiffs must wait 10 days after service of summons or Defendant's appearance to serve written interrogatories. [CCP §2025.201(b)]
20 days to serve a deposition notice. [CCP §2025.210]
Defendants may conduct discovery any time after being served or after they appear in the action. [CCP §2030.020]
- Defendant files Responsive Pleading-Either Answer or Demurrer and/or Motion to Strike
Defendant has 30 days to file a Responsive Pleading. [CCP §412.20]
An Answer typically denies the allegations and lists affirmative defenses
A Demurrer challenges defects in the complaint
A Motion to Strike requests the removal of inappropriate allegations or improper items in the complaint
- Written Discovery
Form Interrogatories
Special Interrogatories
Request for Admissions
Request for Production of Documents
- Deposition(s) of Parties & Witnesses
Notice must be served at least 10 days before the deposition date [CCP §2050.270(a)]
If notice accompanied by Request for Production of Documents, additional time may be required. [CCP §2020.220]
- Case Management Statement (CMS)
Must be filed 15 days prior to the initial CMC date.
- Case Management Conference (CMC)
Judge may set dates: Trial Date, Trial Readiness Conference Date, First & Second Exchange of Experts, Law & Motion Discovery Cutoff
Jury fees must be posted by the party requesting a jury trial
Judge may order the parties to go to Mediation
- Expert Demand
70 days before trial, or within 10 days of setting trial date, experts must be demanded. [CCP §2034.220]
In San Diego County, the Court typically sets these dates, and no expert demand is necessary.
- 1st Exchange of Experts
Typically set by judge at CMC, 50 days before trial date, or 20 days after service of demand, whichever is closer to trial date. [CCP §2034.230]
- 2nd Exchange of Experts
Typically set by judge at CMC. Within 20 days of the 1st Exchange. You may only designate an additional expert on a topic already designated in your opponent's 1st Exchange. [CCP §2034.280]
- Expert Deposition(s)
- Motion Discovery Cutoff
Discovery closes 30 days before trial, or 15 days before arbitration, Discovery motions must be heard no less than 15 days before trial. [CCP §2024.020]
- Mediation
Approximately 80% of cases resolve through Mediation (the parties are free to mediate at any time)
- Trial Readiness Conference (TRC)
Typically set by judge at CMC. Occurs about 2-3 weeks before the trial. Parties must file a TRC Report.
- Trial
In San Diego, the trial date on a civil matter is typically on a Friday, known as 'Trial Call.' Your actual trial may commence the following Monday.
Federal Litigation Timeline
Key Stages and Deadlines
- Complaint Filed
Plaintiff files a complaint outlining facts and legal basis
Deadline: Statute of Limitations (varies by case type)
- Complaint Served
Complaint and summons must be within 90 days of filing.
[FRCP Rule 4(m)]
- Answer or Motion to Dismiss
Defendant files an Answer or a Motion to Dismiss within 21 days of service.
Extended to 60 days if service waived.
[FRCP 12(a)]
- Court Decision on Motion
Court rules on Motion to Dismiss (time varies by case and court).
If denied, the case moves to discovery.
- Pre-Trial Discovery Begins
Parties exchange interrogatories, requests for production, and depositions.
Discovery period: Typically 3-5 months.
- Depositions
Witnesses deposed under oath: transcripts must be purchased.
Cost: ~$1000 per deposition day.
- Discovery Complete
All discovery must be completed by court-set deadlines.
(Typically 6 months)
- Motion for Summary Judgment
Employer or Defendant may file a motion to dismiss the case based on evidence.
Filed after discovery completion.
- Court Decision on Summary Judgment
If motion denied, case proceeds to trial.
If granted, Plaintiff may appeal.
- Trial
Trial scheduled by court; dates may vary by jurisdiction.
Federal trials may take 1-3 years after filing.
- Post-Trial Motions
Motions for a new trial or judgment as a matter of law.
[FRCP 50,59]Filed within 28 days after judgment
- Appeals
Appeal filed to a higher court if summmary judgment granted or after trial.
Appeal deadlines: ~30 days after judgment [FRAP Rule 4]