Defense matters the firm handles
- Business liability claims: third-party premises, negligence, and product or service claims, working alongside insurers where coverage applies.
- Wage and hour claims: unpaid wages, overtime, meal and rest breaks, misclassification, Labor Commissioner claims, and PAGA and class claims.
- Employment practices claims: wrongful termination, discrimination, harassment, and retaliation claims under FEHA.
- Contract claims, partnership and fiduciary duty claims, and business tort claims such as fraud, interference, and unfair competition.
First steps after a claim arrives
- Calendar the deadline. A response to a California complaint is generally due 30 days after service. Agency and arbitration deadlines vary.
- Notify your insurer. Review general liability, EPLI, and other policies and tender the claim promptly. Late notice can complicate coverage.
- Preserve records. Suspend routine deletion of emails, timekeeping, payroll, video, and personnel files that relate to the claim.
- Limit internal discussion. Route communications about the claim through counsel where possible.
- Evaluate early. Many claims can be resolved, narrowed, or moved to arbitration early, depending on the contracts and facts.
Common questions
What should I do first if my business is sued?
Note the date you were served, notify your insurance carrier, preserve relevant records, and contact counsel promptly. A response to a California complaint is generally due 30 days after service.
Will my insurance cover the defense?
It depends on the policy and the claim. General liability and employment practices liability (EPLI) policies may provide a defense for some claims. Tender the claim to your carrier promptly and review any reservation of rights letter carefully.
General information about California law, not legal advice for your situation. Deadlines and outcomes depend on the facts and the documents. Past results do not guarantee or predict a similar outcome.