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Mediation

The Courts have frequently relied upon attorneys in our firm to serve as mediators and arbitrators to resolve civil disputes. James L. Hazard devotes a substantial portion of this practice to mediation, and has been named as one of California’s Outstanding Lawyers.

Licensed Contractor’s Use Of Incorrect Fictitious Business Name Did Not Bar Claim For Payment

Monday, June 27, 2011
By James Ficenec
Licensed Contractor’s Use Of Incorrect Fictitious Business Name Did Not Bar Claim For Payment

California law precludes actions by unlicensed contractors to recover payment for services as a contractor.  In Ball v. Steadfast-BLK, the California Court of Appeal ruled that the law did not prevent recovery by contractor who, while licensed as a sole proprietor, entered into a contract under an unregistered false business name. Mr. Ball was... »

A Defendant May Recover Its Attorneys’ Fees Incurred Defending Frivolous Civil Rights Claims

Sunday, June 26, 2011
By James Ficenec
A Defendant May Recover Its Attorneys’ Fees Incurred Defending Frivolous Civil Rights Claims

Federal law generally permits a plaintiff who successfully pursues a civil rights claim to recover his or her attorneys’ fees.  A successful defendant, however, is typically only entitled to recover its attorneys’ fees if the complainant claims are determined to be absurd.  In this context, “frivolous” means without legal or factual basis.  A claim... »

CC&Rs Not Sufficient To Require Homeowners To Arbitrate Construction Defect Claims Against Condominium Developer

Sunday, May 30, 2010
By James Ficenec
CC&Rs Not Sufficient To Require Homeowners To Arbitrate Construction Defect Claims Against Condominium Developer

California law permits parties to waive their right to jury trial and to resolve their disputes by binding arbitration.  However, such a waiver must be contained in an agreement providing actual notice to all parties.  In Villa Vecenza Homeowners Association v. Nobel Court Development, LLC, the California Court of Appeal held that covenants, conditions,... »

Fair Debt Collection Harassment Issue – Oakland CA Attorney

Monday, May 3, 2010
By James Ficenec
Fair Debt Collection Harassment Issue – Oakland CA Attorney

A plaintiff who loses a lawsuit brought under the federal Fair Debt Collections Practices Act is not liable for the defendant’s court costs except in the unusual circumstance that the trial court finds the plaintiff sued in bad faith and for purposes of harassment.  Normally, a party who loses a lawsuit is liable for... »

A Court May Vacate Employment Arbitration Award If Arbitrator’s Error Of Law Prevents Hearing On The Merits

Tuesday, April 27, 2010
By James Ficenec
A Court May Vacate Employment Arbitration Award If Arbitrator’s Error Of Law Prevents Hearing On The Merits

A mandatory binding arbitration clause is a common component of California employment agreements.  While California courts will enforce such clauses, they have been unwilling to grant complete deference to the arbitrator.  A recent California Supreme Court decision, Dental Supplies, Inc. v. Superior Court, further develops the law on this topic. Pearson Dental arose from... »

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