Civil & Commercial Litigation

Civil law is the branch of law dealing with disputes between two or more parties who seek monetary damages and/or specific performance.   Civil litigation covers a broad range of disputes that cross many specialized areas.

The litigators at The Deckard Law Firm have handled a wide variety of legal issues in arbitration and mediation, and before both the State and Federal courts. From contractual business disputes to real estate broker negligence, our litigators have assisted clients in addressing a wide variety of matters including, but not limited to:

  • Distribution of LLC & LLP assets
  • Property disputes pertaining to rightful ownership
  • Lease agreement disputes
  • Accounting malpractice
  • Breach of contract
  • Elder financial abuse
  • Fraud and misrepresentation

Included within Civil Litigation is Commercial Litigation, which deals with business disputes.  The California Corporations Code was established to provide a set of consistent rules for the creation and governing of corporations.  Contract law governs commercial contracts and business tort laws were established to hold employers liable for the negligent behaviors of their employees while engaged in the performance of their work related duties.

Commercial litigation is legal action relating to the performance of day to day business.  Such lawsuits can arise from a variety of circumstances, including business and contract disputes, fraud and vicarious liability.  While mediation or arbitration may avoid the courthouse, once the complaint has been filed you need to know that your attorney is capable of protecting your interest.  For the past 20 years, Diane Deckard has been rated AV (the highest possible rating) by both her clients and her peers.  Though no guarantee of final success, you are assured from the beginning that you are working with a group of lawyers who are highly skilled and who place your interests before all others.

Commercial litigation actions can be filed to address any of the following business related issues, keeping in mind that the list is not all inclusive:

  • Conversion
  • Breach of contract
  • Interference with contractual relationships
  • Fraud and misrepresentation
  • Vicarious liability
  • Insurance bad faith
  • Inducing an unwarranted termination of a contract
  • Making it impossible for a party to the contract to perform his or her obligations under the terms of the agreement
  • Making it difficult for a party to the contract to perform his or her obligations under the terms of the agreement

Civil and commercial lawsuits can be very serious and trying for the client and often put millions of dollars at risk.  For the attorney these cases can be extremely complex, involving convoluted facts and issues that seemingly defy clarity, requiring intelligent research, articulate legal arguments and courtroom presence to win the day.  The Deckard Law Firm earned an AV reputation for our vigorous, ethical, professional representation and for the personalized attention we provide to our clients.

Mediation can often be the vehicle to help you bring your civil or commercial dispute to a quicker and more cost effective resolution. Mediation also allows for disputing parties to have a greater say in the outcome and conditions of the resolution itself – unlike a formal hearing where a judge imposes solutions.

The role of the Mediator is solely to hear the arguments of both sides of the dispute and point out the strengths and/or weaknesses of the arguments from a legal standpoint.  The Mediator may offer advice as a neutral party, but it is ultimately the Mediator’s goal to bring the disputing parties to a mutual settlement to resolve their differences. 

The Deckard Law Firm’s senior attorneys have been chosen as Mediators because of their successful mediation experience in Civil, Commercial, Legal Malpractice and Construction Defect matters. 

So Why Select The Deckard Law Firm?

With around 4000 attorneys in Santa Clara County and thousands more throughout the Bay Area to choose from, why should you select The Deckard Law Firm to handle your legal matters?  As of January 1, 2016, of the +- 4000 attorneys in Santa Clara County, The Deckard Law Firm was one but seven of only two law firms that has a California Bar Certified Legal Malpractice Specialist on staff and only one of nine law firms that have received the highest possible rating, AV, by BOTH the clients and the peers of the firm and we have held these ratings for 20 + consecutive years!  These ratings and their 20+ consecutive year duration mean that The Deckard Law Firm has a history of high ethical standards, professionalism and honesty not only in the legal community but with our clients. These ratings speak for themselves as to why you should trust The Deckard Law Firm with your legal matter.

We are pleased to be able to serve clients from Redding to Sacramento and Modesto as well as the San Francisco – San Jose Bay Area and as far south as Carmel, CA.


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