Complex/Derivative Litigation

A complex civil case is an action that requires exceptional judicial management to avoid placing unnecessary burdens on the court or the litigants and to expedite the case, keep costs reasonable, and promote effective decision making by the court, the parties, and their attorneys. Complex cases often involve large sums of money in controversy, difficult issues of law, or large numbers of plaintiffs/defendants.

In California, a plaintiff may designate an action as a complex case by filing and serving with the initial complaint a Civil Case Cover Sheet marked to indicate that the action is a complex case. A case is not classified as a complex case until the court issues an order designating the case complex and reassigns it to the complex department. 

In determining whether a case should be designated complex, the court considers whether the case will involve: numerous pretrial motions raising difficult or novel issues that will be time-consuming to resolve; management of a large number of witnesses or a substantial amount of documentary evidence; management of a large number of separately represented parties; coordination with related actions pending in one or more courts in other counties, states, or countries, or in a federal court; or substantial post-judgment supervision. 

A plaintiff in a derivative action does not seek relief for themselves; rather, they are seeking relief derivatively on behalf of the entity. For example, when a shareholder in a corporation sues derivatively, the shareholder is seeking relief not for itself, but for the corporation. This concept would include members in a church where the church is a religious corporation. Where a religious corporation is involved, oftentimes notice to the Charitable Trusts Section of Attorney General’s office is required. 

I represent individuals and entities in complex/derivative litigation. If your case meets the requirements of a complex case, do not move forward without consulting with me. I can help you.