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
37 Questions Answered

Q. How does a durable POA become active? It is signed and notarized.
A: It is active, unless somewhere in it, it says it is not unless X event happens. David Hicks dhcases@aol.com
Q. I'm an attorney licensed to practice in Georgia, only. Can I appear as counsel for a Georgia LLC at CA mediation?
A: The LLC cannot appear other than by counsel. To appear, you must find a local sponsoring lawyer to move your admission pro haec vice in the case, and that lawyer technically remains LEAD counsel in the case, and you cannot appear without that. But a mediation is not a court proceeding, and so you CAN participate there. Don't be surprised if the opposition is just using the mediation for discovery and doesn't want to settle; and don't be surprised if they try to make your status of non-admission into some kind of injury. The mediator should handle that OK (I'm a mediator, myself, sometimes).
Q. How are mediators chosen in California? What happens if I don't like my mediator?
A: generally by mutual agreement of both sides. Don't agree to a mediator you don't like. If you are already in mediation, then the answer to your questions depends on how you got there.
Q. I live in CA. I repair appliances. I signed non compete agreement to work with new company. Is it enforced if i quit
A: Such agreements are against public policy and unlawful in California; however, don't think you can't be sued for making off with tradesecrets. such might include customer lists and other things unique to that company. Did you sign a trade secret agreement too?
Q. My Equifax data was one of the ones breached. In addition (not sure if it matters) I am a Equifax account customer.
A: Yes you can sue. Better maybe to watch the class action unfold and then if you don't agree, you can opt out and proceed with your personal suit. You will definitely be offered the option to opt out of the class action.
Q. Can my landlord take my parking spot since I don't have a car anymore?
A: Your lease, or maybe even an advertisement, will tell you what you rented. Do they mention parking? Find that and you win without a lawyer or a case. Don't find it, and you just lost your parking space from non-use.
Q. can you please tell me which form i use to file an Invasion of Privacy civil lawsuit -- CA Penal Code 637.2 in Californi
A: There is no California Judicial Council form for this type of complaint. If you try to squeeze your complaint into a form you will have nothing but trouble with the judge. Don't worry! you will have plenty of REQUIRED forms to use if you pick this fight during the course of your case.
Q. How do you assign a debt (bad check) to another person?
A: 1. report the bad check to the police. The DA should charge it and get the money back via restitution. 2. If that doesn't work for some reason, get a lawyer to prepare: --an assignment of the debt. --a bill of sale of the car to you. --an agreement by your brother to waive any rights in the case if you bring it. (He should have not taken the bad check). --a complaint for rescission, breack of contract damages, punitive damages, restitution, and fraud.
Q. Law in regards to the move out date/sixty day notice.
A: No. it becomes a breach of contract. But if you raise the 60 day issue and don't move out and they can prove you had considered that issue before you signed you could be found guilty of fraud and assessed damages plus punitive damages. And yes, the landlord to be prudent should have served the 60 day notice since he's dealing with someone who is not reliable and may need to have done it for the Court proceeding. A 30 day notice is all that is required because the contract surrendered possession on the 75th day. 60 days is for residential property rented for more than a year. But not after signing the agreement to vacate.
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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