The Law Offices of Nathan Mubasher represents individuals, professionals, and businesses in civil disputes in California Superior Court, including business and contract disputes and personal injury claims. Many disputes are resolved through negotiation, mediation, or arbitration, and some go to trial. Each inquiry is reviewed directly by Nathan Mubasher, and initial consultations are free.
Business and contract disputes
Business disputes often involve a breach of contract, a disagreement among owners or partners, unpaid amounts owed under an agreement, or claims that a party was misled into a transaction. Deadlines to sue depend on the type of claim:
- An action on a written contract generally must be filed within four years (Code of Civil Procedure section 337(a)).
- An action on a contract not in writing generally must be filed within two years (Code of Civil Procedure section 339).
- An action for fraud generally must be filed within three years, and the claim is not treated as accruing until the injured party discovers the facts constituting the fraud (Code of Civil Procedure section 338(d)).
Many business contracts contain an arbitration clause. California law treats a written agreement to arbitrate as valid, enforceable, and irrevocable, except on grounds that exist for revoking any contract (Code of Civil Procedure section 1281).
Personal injury
Personal injury claims arise from vehicle collisions, unsafe property conditions, and other negligence. An action for injury or death caused by the wrongful act or neglect of another generally must be filed within two years (Code of Civil Procedure section 335.1). Claims against a public entity, such as a city, county, or state agency, have an earlier step: a written claim for personal injury or death generally must be presented to the entity within six months after the claim accrues, and a lawsuit for money damages generally cannot be filed until the claim has been acted on or deemed rejected (Government Code sections 911.2(a) and 945.4).
Medical negligence matters
The office also takes select medical negligence matters, and in some cases refers a matter to, or works on it with, co-counsel. A poor or unexpected medical outcome is not, by itself, negligence; California’s civil jury instructions state that a medical practitioner is not necessarily negligent just because the practitioner’s efforts are unsuccessful or the practitioner makes an error that was reasonable under the circumstances (CACI No. 505). Because the office also represents physicians in licensing and practice matters, every potential matter is checked for conflicts of interest before it is accepted (California Rules of Professional Conduct, rule 1.7).
California has specific rules for claims against health care providers based on professional negligence:
- Time limits. The action generally must be filed within three years after the date of injury or one year after the injury is discovered, or should have been discovered, whichever comes first, with limited tolling and separate rules for minors (Code of Civil Procedure section 340.5).
- Notice before suit. The provider must be given at least 90 days’ notice of the intention to file the action. If the notice is served within 90 days before the limitations period expires, the time to file is extended 90 days from service of the notice (Code of Civil Procedure section 364(a), (d)).
- Limits on noneconomic damages. Civil Code section 3333.2 limits damages for noneconomic losses, such as pain and suffering, in actions against health care providers and health care institutions based on professional negligence. The statute sets separate limits for injury cases and for wrongful death cases, and the limits increase each January 1 under a schedule in the statute. The amount in effect at the time of judgment, arbitration award, or settlement applies (Civil Code section 3333.2(a), (b), (c), (g), (h)).
- Limits on contingency fees. An attorney’s contingency fee in these cases may not exceed 25 percent of the amount recovered for a settlement before a complaint or arbitration demand is filed, or 33 percent after filing, unless a court or arbitrator approves a higher fee for good cause after a trial or arbitration (Business and Professions Code section 6146(a)).
When a matter is referred to or handled with another law firm, any division of fees follows rule 1.5.1 of the California Rules of Professional Conduct. That rule requires a written agreement between the lawyers and the client’s written consent after full written disclosure that a division will be made, the identity of the lawyers or firms involved, and the terms of the division, and it does not allow the total fee to increase because of the division. Every case depends on its facts, and no particular result can be guaranteed.
Mediation and arbitration
Nathan Mubasher has conducted over 1,000 mediations, and he completed Alternative Dispute Resolution (ADR) training through the United Nations Institute for Training and Research (UNITAR) that resulted in a series of certificates. In California, what is said and written for the purpose of a mediation is generally confidential and not admissible or subject to discovery in later civil proceedings (Evidence Code section 1119).
Frequently asked questions
How long do I have to file a personal injury lawsuit in California?
Generally two years from the injury (Code of Civil Procedure section 335.1). If the claim is against a public entity, a written claim generally must be presented within six months (Government Code section 911.2(a)). Other deadlines can apply, so it helps to ask early.
Does my contract require arbitration instead of a lawsuit?
It depends on the agreement. California law enforces a written agreement to arbitrate except on grounds that exist for revoking any contract (Code of Civil Procedure section 1281).
Is what I say in mediation confidential?
Generally, yes. Statements and writings made for the purpose of a mediation are generally not admissible or subject to discovery in later civil proceedings (Evidence Code section 1119), subject to exceptions in the Evidence Code.
Is the first consultation free?
Yes. Initial consultations are free. Call 1-800-691-2721 or use the contact form on the home page.
Does contacting the office create an attorney-client relationship?
No. Calling, emailing, or submitting the contact form does not create an attorney-client relationship. Please do not send confidential documents or time-sensitive deadlines until you receive confirmation that your matter has been accepted for review.
Talk with Nathan Mubasher
Call 1-800-691-2721 or request a confidential consultation. Each inquiry is reviewed directly by Attorney Nathan Mubasher. Submitting a request does not create an attorney-client relationship, so please do not send confidential documents until your matter has been accepted for review.
Attorney Advertising. Law Offices of Nathan Mubasher, 8583 Irvine Center Drive, Suite 35, Irvine, CA 92618. Responsible attorney: Nathan Mubasher. This page provides general information about California law, not legal advice for any specific situation. Reading it or contacting the office does not create an attorney-client relationship. Every matter is different, and no particular result can be guaranteed.