David Keith Hicks

David Keith Hicks

Mediation/Arbitration, North State Mediation, selected complex trials
  • Arbitration & Mediation
  • California, Maine, New York
Badges
Claimed Lawyer ProfileQ&A
Summary

Broad experience across the country in complex civil matters of significance, worked in Maine, New York, Delaware, Tennessee, Wisconsin and all courts in California. Experienced mediator, skilled listener. Served as a Superior Court Temporary Judge in San Francisco, Alameda, Contra Costa, Solano, and Siskiyou Counties. Former Adjunct Law Professor.

Practice Area
  • Arbitration & Mediation
Additional Practice Areas
  • Mediator
  • all areas of law, State & Federal
  • Civil litigation/business
Fees
  • Credit Cards Accepted
  • Rates, Retainers and Additional Information
    initial mediation conferences free, as are two follow-up conferences if necessary.
Jurisdictions Admitted to Practice
California
Maine
New York
Languages
  • French: Spoken
Professional Experience
Mediator and practicing attorney
North State Mediation
Current
Interim City Attorney
City of Dunsmuir
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Retained by City Council during tumultuous political times in City Government. Resigned due to concurrent heavy demands of private civil litigation practice.
Education
UC Davis School of Law King Hall
Law Degree
University of California - Davis
J.D. / civil & business trial practice (1972)
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Honors: Top 5% of attorneys by SuperLawyers & Martindale Hubbel, Million Dollar Advocates Forum, Humanitarian awards from Hellenic Law Society and City of Millbrae. Superior Court, Contra Costa County, for “significant and valuable contribution to this court and to the public.” Named as the East Bay’s top business attorney by the East Bay Business Times “Top Ten” lawyers in the East Bay as business attorney.
Activities: Rotary International since 1982. Chambers of Commerce and other non-profit boards of directors.
Awards
a.v. rating (very high ethical standards and legal ability)
Martindale-Hubbell Pre-eminent Attorneys
Distinguished Law Career
City of Millbrae, California
top 5% of California attorneys, inclusion in published list
Superlawyers
2005, 2007, 2008, 2009 (then moved to Siskiyou County)
Humanitarian Services
Modern Greek Studies Foundation
Given at Hellenic Law Society annual Banquet in San Francisco
Wiley W. Manuel Award (public service)
State Bar of California
The Wiley W. Manuel Award was established in 1989 by the State Bar of California. The late Justice Manuel served as a California Supreme Court Associate Justice from 1977-1981, following 23 years with the Attorney General's office, the last three of which were as chief assistant attorney general. Justice Manuel's legal career and his personal life were marked by a dedication to hard work, public service and the concept of equal justice for all segments of society.
Professional Associations
California State Bar # 53750
Member
- Current
New York State Bar, retired
trial lawyer
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Activities: civil rico, class-action, insurance
Publications
Articles & Publications
Default & Default Judgments
The Verdict
Speaking Engagements
Guest Speaker
Institute of Governmental Studies, UC Berkeley
Certifications
Mediation
Steven Rosenberg Mediation Course 2016 (40 hours)
Websites & Blogs
Website
North State Mediation
Website
Legal Answers
27 Questions Answered

Q. Is an attorney required in order for a Corporation to file a Limited Civil case in Los Angeles county?
A: yes. corporation may not appear without counsel per state law.
Q. Can an HOA sue for dues on a time share property that was foreclosed upon 9 years ago through a chapter 7 bankruptcy?
A: Get a lawyer with an office near the courthouse where the case is pending. Don't wait until your default is entered. Have that lawyer interpose the discharge order from the bankruptcy and move to dismiss the complaint. Meanwhile, get your husband's bankruptcy lawyer to threaten the suing party for disregarding the discharge order. This might not work if your husband failed to list the time share as an estate in the bankruptcy case. HOAs can foreclose, and when they get title they are likely to become obligated on any underlying earlier bank loan.
Q. My gym is closing. I have 9 months left paid. They insist that contract rolls over to another gym What is my recourse?
A: The answer to this question: 1. Requires a review of the membership contract when you joined; 2.Requires you consider that they may be filing bankruptcy and maybe did you a favor. 3. Small claims court.
Q. Our landlord wants a bilateral attorney fee provision in our contract, but with a limit for himself if he loses.
A: Section 1717 has been interpreted to mean that the prevailing party wins fees. It's a two-way street. The limit he proposes is against public policy and the court will override it and award fees in keeping with the statute not his attempt to forge a loophole.
Q. Once I answer a filed lawsuit and file a cross complaint, do I have a 10 day window to submit discovery?
A: No. If you are in a lawsuit you are OBLIGATED BY LAW to follow the rules of discovery which are found toward the back of the California Code of Civil Procedure. See, e.g. CCP 2025. You can find that on the internet. One doesn't "submit" discovery. One either propounds it or responds to it. See also CCP 1005.
Q. Where there is no court order. Is a parent in violation of Penal Code 277. (F, G, H, I, J, K) And Penal Code 278.5 ABC
A: Reread the code section. It answers your question. If you think you can wade through all the procedural morass, don't hire a lawyer. Start by calling your local court's family law coordinator and see if you can get some free help. Otherwise, expect a large legal bill.
Q. How does the author of a website which criticizes bad property investments defend against damage suits?
A: There is no way to be completely shielded from being sued. Any fool can sue you. Here's what you can do. 1. Buy insurance to cover the claims. Remember that insurance provides two separate benefits, a defense attorney, and money for damages won against you (if the conduct was not unlawful, just negligent). No one should be in business and be uninsured. 2. Don't do business with people you don't know. 3. Your lawyer will defend you by invoking laws you don't know about (inferred from your question). 4. Rethink what you mean by "author of a website" so that you can ask an improved question. Not sure what that term really means. Are other people giving advice on your site? David Hicks dhickslaw . com
Q. If handyman charges by the hour instead of job & w/o written contract, can he work w/o a license if paid more than $500?
A: He would be an illegal contractor and subject to prosecution by the State Contractors Licensing Board. If injured on your job at your residence he can sue you and you should hope you have workers' compensation insurance coverage in your fire insurance policy. If that's your situation call your ins. broker.
Q. My Grandmother is sick and now being taken advantage of by his partner and son in law. please help
A: They will get away with it unless you 1, immediately report them to your local county adult protective services agency, which you can find their phone number on the internet or phone book. 2. hire a lawyer to file a petition in the court requested your desired relief. I hope you can PROVE with documents that they stopped her PRESCRIBED medication and that that was contrary to her wishes and/or her doctor's orders. Call the doctor. Being scared lets them win. Taking action will help your grandmother.
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Contact & Map
North State Mediation
PO Box 562
Dunsmuir, CA 96025-0562
USA
Telephone: (530) 235-0235
Cell: (510) 517-2622