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PRESS RELEASE | MAY 31, 2019

Nick Heimlich Celebrates Big Win at California Supreme Court!

On May 30, 2019, Nick Heimlich secured a victory for his client in a case involving arbitration and the California Code of Civil Procedure Section 998. Heimlich v. Shivji. The California Supreme Court Issued a Unanimous Published Opinion clarifying that an Arbitrator’s decision is final and is rarely overturned in Court. The Court discussed the case and determined that there was no reason to overturn the Arbitrator’s Award in this case and refused to award Code of Civil Procedure Section 998 costs to Defendant in this case.

This was a victory for arbitration finality and clarifies the procedures surrounding Code of Civil Procedure Section 998 offers of judgment. If you have questions about how to make settlement offers of making settlement offers under Code of Civil Procedure Section 998, then Nick Heimlich is familiar with that process and can advise you on it.

Nick Heimlich also represented the client in multiple forums, including the Santa Clara County Superior Court, then Arbitration through the American Arbitration Association. Nick also handled the after trial filings, the appeal to the California Sixth District Court of Appeals and the California Supreme Court. Nick Heimlich also has experience with JAMS Arbitration and mediation services.

The case involved a breach of contract case involving work performed and not paid for. Nick Heimlich has represented many clients involving breach of contract disputes for unpaid services or monies lent. If you have a breach of contract issue, Nick Heimlich is well qualified to discuss your case.

On March 5, 2019, Nick Heimlich argued before the California Supreme Court in oral argument. Arguing before the California Supreme Court is extremely rare for attorneys as few cases ever get to the Supreme Court of California.

Most cases resolve prior to trial, well over 95%. Then, out of those that go to trial, not all are appealed to the Appeals Courts (below the Supreme Court). Then, even fewer are appealed and accepted for review by the California Supreme Court. Only a few hundred cases are heard by the California Supreme Court each year.

Nick was arguing about Code of Civil Procedure Section 998 and the finality of Arbitration Awards. In the case before the Court, the question is whether an Arbitration Award is final and given that effect by Courts. The dispute came down to an offer of judgment that was made in the particular case, Heimlich v. Shivji, California Supreme Court Case S243029, Santa Clara County Superior Court Case No. 112CV231939, and Court of Appeals Sixth Appellate District H042641.

In this case, the Defendant had made an offer of judgment, but the Defendant did not present that offer of judgment during the arbitration proceeding or reserve any rights to present that offer prior to a final arbitration award.  The offer of judgment was first raised after the final arbitration award, however it did not matter because the Supreme Court found no reason to invalidate the Arbitration Award.

So, if you have a civil dispute, in Court or in arbitration, or a contract dispute or are in need of a litigation attorney in San Jose contact Nick Heimlich. Also, if you have questions about settlement or California Code of Civil Procedure Section 998 for your case, contact Nick Heimlich.

To see the California Supreme Court Website oral argument on March 5, 2019 you can visit the website

https://www.courts.ca.gov/35333.htm

As a business attorney in San Jose Nick is familiar with Arbitration and this case was tried before the American Arbitration Association. Nick also appeared and argued before the Sixth District Court of Appeals for oral argument. If you are looking for an attorney with experience in Arbitration, then Nick can assist you.  Nick handled the case from superior court to arbitration to entry of the Arbitration Award in Santa Clara County Superior Court as well as at the appellate level.    Nick is familiar with appellate practice including the California Sixth District Court of Appeals and the California Supreme Court.

*Legal Disclaimer: The information or opinions on this page is not a guarantee, warranty, or prediction of any result in your particular legal matter.

C O Lee Boyce Jr
C O Lee Boyce Jr
1708187295
Nick provided me sage advice with my issue. He was efficient, thoughtful, and good natured about the whole process.
David Duckworth
David Duckworth
1700157726
I recently received legal advice from Nick and he was very professional and easy to talk to. He gave us great advice and I would definitely use him again if needed. Thank you Nick!
Rebecca Bauer
Rebecca Bauer
1695770332
Nick was excellent! Very knowledgeable, asks great questions, and quickly understood the situation and was able to give great advice. I so appreciated his time, insight, and expertise in assisting with our situation. Highly recommend!
Charles Chen
Charles Chen
1694420630
Mr. Heimlich has been very responsive to my case and provided extraordinarily useful advice. Thank you!
Mario Cassara
Mario Cassara
1685657082
Nick Heimlich was very professional and knowledgeable in my case. He left a lot of the worrisome I had in my case to the expert and was very good at what he does. I will recommend Nick to anyone who needs council!Much appreciative,Mario
Taryn Harada
Taryn Harada
1682283989
This was the first time ever needing a lawyer for something, I was a bit frantic and overwhelmed with everything going on, but Nick and his team were very professional and honest, and made me feel at ease about my case. They were even professional and cool with the opposing attorney even though she was being unprofessional at times. In the end, they were able to settle my case and bring me a satisfying outcome. If you're ever in a bind and need a business lawyer, I highly recommend Nick and his team.
Jay Kamdar
Jay Kamdar
1677112007
I am an officer at a company that provides B2B Demand Generation services to marketing and sales. Over a number of years, I've worked with Nick Heimlich for legal services. He has advised me well and helped to represent the company in multiple legal disputes including in Court. I am very satisfied with his work and highly recommend him.
Rami Gideoni
Rami Gideoni
1671573652
I needed some legal consultation and per recommendation I received, I have approached Nicholas. He got back to me quickly and provided great service, he was patient, professional and knowledgeable. His advise is much appreciated, it cleared the situation, draw the next steps to follow and placed my mind to peace .I would definitely recommend his service.
I A
I A
1668466596
Nick answered all of my questions with direct and concise answers to my situation. Thank you!
Abe Honest
Abe Honest
1659056852
Mr Heimlich was very professional kind and knowledgeable when I give him a call. I was calling to hire an attorney for an tenant and landlord dispute. I had a particular issue that Mr Heimlich took time to completely listen to me. unfortunately the area I needed help was not an area that Mr Nick practiced. but he was not hesitant to give me some leads and direct me to the right place. he's a man of character and cares about what he does, I can only imagine his level of excellence in his area of expertise. he's a man of great character and I would recommend him for anyone to give him a call and talk to him. thank you very much Nick. thank you for caring .
Tilo S
Tilo S
1645581772
Nick was very helpful when I needed legal advice.Thank you!
Bay Small Moves
Bay Small Moves
1627662780
M C
M C
1567630884
I entered into a membership contract that had unreasonable cancellation requirements. I went to Nick through my company’s employee assistance program. Nick did thorough research and found that the contract term exceeded term limits allowed by California law. As a result, I was able to cancel the contract without any penalty. I was very satisfied with the outcome.
Brandon Lowry
Brandon Lowry
1560660818
Great attorney who listens to what you say and provides insight and guidance for your problem. Nick is extremely patient and will fight hard for you. He will also tell you the truth whether you have a case or not so you do not waste your money. Hard to find honesty nowadays.
Andyn79 Nguyen
Andyn79 Nguyen
1559407271
He wasn't able to take me as a client but had about 10 mins so he told me tell me and just from that i was able to be clear and did win from really dishonest people. So i am thank you telling the truth gets it's own reward
Mark Brown
Mark Brown
1557175715
Nick was very helpful when I needed assistance dissolving an LLC. Not only did he create the appropriate documentation, but he educated me on the process. His guidance was invaluable, and everything resolved smoothly. I would certainly use his services again in the future.
Bonnie Nevitt
Bonnie Nevitt
1477002289
My family cannot thank Nick enough. We needed a business litigation attorney for a lawsuit that was going to trial, he not only took the time to understand the complexities of the case but was able to convey that to the judge. He was able to get us amazing results. Hands down the best attorney we have ever worked with.
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