FAQs

Following is a list of frequently asked questions dealing with civil litigation, EB-5 Disputes and Foreign Judgment Recognition & Enforcement.

Litigation

  1. What is civil litigation?
    Civil litigation is a formal legal process of resolving civil disputes through the court system. It usually involves filing or defending a lawsuit in a civil court.

  2. What are the alternatives to litigation?
    Mediation, arbitration, negotiation and sometimes neutral evaluation. Unlike litigation, these processes are out-of-court methods designed to resolve disputes more quickly or privately.

  3. What are the main phases of litigation?
    1. Pre-filing / Demand stage
      • One side may send a demand letter asking for payment or action before suing.
      • Lawyers may negotiate to avoid court.
    2. Filing the lawsuit
      • The plaintiff (person or party suing) files a complaint in court.
      • The defendant is formally notified through a summons.
    3. Pleadings
      • The defendant files an answer, admitting or denying the claims.
      • Sometimes motions (ie., a demurer) are filed to end the case early.
    4. Discovery
      • Both sides exchange information and evidence — including documents, depositions, interrogatories, and expert reports.
    5. Pre-trial motions and settlement talks
      • After discovery, parties usually will engage in resolution efforts to end their case prior to trial, such as mediation, or pre-trial motions.
    6. Trial
      • If there’s no settlement, the case goes before a judge or jury, who decides the outcome based on the evidence and law.
    7. Appeal
      • The losing party can appeal to the Court of Appeal if they believe the result is wrong.

  4. How long do litigation cases usually take in California?
    The length varies based on complexity with cases being resolved within several months to several years; factors include the court’s schedule, scope of discovery, and whether settlement is reached early.

  5. How are attorney’s fees handled in litigation cases?
    With most litigation, especially business litigation, lawyers bill hourly, but alternative arrangements may be available depending on the type of case.

EB-5 Dispute

  1. What is an EB-5 investment dispute?
    These disputes arise when EB-5 immigrant investment projects encounter misrepresentation, contractual breaches, regulatory violations, or project failures, potentially impacting both financial and immigration outcomes.

  2. What legal remedies are available to EB-5 investors who are unable to recover their invested funds?EB-5 programs by law are required to be at-risk.  However, legal options still exist, including lawsuits for fraud, breach of contract, breach of fiduciary duty, etc., depending on the specific circumstances.

Foreign Judgment Recognition & Enforcement

  1. What is foreign judgment recognition under California law?
    Under the California Foreign-Country Money Judgments Act, a foreign monetary judgment can be recognized and converted into a U.S. Judgment should it satisfy certain conditions.
  1. What is the process for having a foreign judgment recognized in California courts?
    A lawsuit is filed in California seeking recognition; the judgment is then reviewed for due process compliance, personal jurisdiction, and public policy considerations enumerated under the California Foreign-Country Money Judgments Act, as well as other constitutional considerations.
  1. What defenses are available against recognition of a foreign judgment?
    Defenses include lack of notice, fraud, lack of jurisdiction, or conflict with  public policy or other judgments, etc.
  1. What experience does Ni Law L.A., APC. have in recognizing Chinese judgments?
    The firm has successfully handled a recognition action and converted four Chinese judgments held by a Chinese company into a California Judgment in the amount of more than $24 million. 

    The firm is also defending Chinese judgment debtors in various recognition proceedings.