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.