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Another Carmel & Naccasha Win

The local San Luis Obispo paper, The Tribune, featured a nice write uMichael-McMahonp on a recent case handled by Mike McMahon and our litigation team.

Read the article here.

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Helping Jack’s Helping Hand
Helping Jack's Helping Hand

Helping Jack’s Helping Hand

Carmel & Naccasha’s own Ziyad Naccasha (second from left) enjoyed a round of golf for a great cause, Jack’s Helping Hand. Thanks Geri LaChance of SESLOC for the opportunity to participate.

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To Offer Sabbaticals or Not to Offer Sabbaticals… And if I Do, Should I Pay?

A Tale of Two Tricky (and Sometimes Dangerous) Dilemmas

Recently, I gave a webinar on establishing eligibility and procedures for taking sabbaticals and unpaid leaves of absence through Lorman Education Services. I thought some of the information I discussed might be of interest to our clients in the San Luis Obispo area, many of whom are cutting edge technology companies. This blog post will focus on sabbaticals, which are gaining popularity as companies struggle to recruit and retain talented, top-notch employees.

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A Conversation with … Bill Swanson

Carmel & Naccasha Managing Partner Ziyad Naccasha recently attended ‘A Conversation with…Bill Swanson’ hosted by the San Luis Obispo Chamber of Commerce.

A Cal Poly magna cum laude industrial engineering graduate, Mr. Swanson retired as the CEO of Raytheon Corporation in 2014 after 42-plus years with the company.

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Do Not Enter
Many thanks to Norcast and SLO Fire

Our block of Marsh Street is closed to through traffic during the construction on San Luis Drive. Recently, a delivery truck was going too fast to make the turn at the Road Closed sign and decided to use our driveway instead. He whipped in to the driveway, failed to notice the overhead lines and snagged them. SLO Fire was here almost immediately and let us know that the truck was caught on the phone and cable lines, but not power. One call to Norcast Telecom Networks and Jeff Buckingham appeared on the scene. Jeff worked with SLO Fire and the truck was moved. Many thanks to Jeff and the Norcast team, SLO Fire, and SLO PD. They were amazing! Just another reminder to do business with a local provider.

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Dallas Mosier Named Partner

Carmel & Naccasha LLP is pleased to announce that attorney Dallas K. Mosier has been promoted to partner at the firm.

“Dallas’ strong commitment to his clients, his co-workers and the community at large exemplify the team work and service goals that we value at Carmel & Naccasha,” said Ziyad Naccasha, managing partner at the firm. Dallas joined Carmel & Naccasha in 2012 bringing extensive experience in trust and estate planning, special needs planning, personal income tax planning, trust administration and probate.

Dallas has assisted clients in a variety of matters in each of these areas, ranging from implementation of tax avoidance strategies to planning for family issues such as dependency, fiscal irresponsibility, and family disputes.

Dallas is very active in our local community with wide-ranging volunteer roles, including; mentor & monthly volunteer at the Cal Poly CIE Incubator and Hot House (collaborative effort to support local entrepreneurship), President of the Board of the SLO Legal Assistance Foundation (pro-bono legal services to those who cannot afford them) and, Chairman of the Board of the Paso Chamber, among others.

Click for Dallas’ Biography

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When a Policy Limits Demand can be Abusive

Demands for insurance policy limits frequently generate substantial concern for  insurers.  A properly executed policy limits demand that is rejected by an insurer will “open the policy” and expose the insurer to liability in excess of its policy limits.  The timing and form of the demand, however, are as important as the demand itself.

A policy limits demand must meet five criteria before a court is likely to hold that an insurer acted in bad faith in rejecting the demand:

  • The settlement terms must be clear enough to create an enforceable contract if accepted. Coe v. State Farm Mut. Auto. Ins. Co., 66 Cal.App.3d 981, 991 (1977);
  • All claimants must join in the settlement demand. Coe, 66 Cal.App.3d at 992-93;
  • All insureds must be released. Strauss v. Farmers Ins. Exch., 26 Cal.App.4th 1017, 1021 (1994);
  • The settlement amount demanded must be both within policy limits and “reasonable.” Comunale v. Traders & General Ins. Co., 50 Cal.2d 654, 661 (Cal. 1958); and
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Drought tolerant plants and landscaping at Carmel & Naccasha's Paso Robles office.
Committed to Conservation

The employees at Carmel & Naccasha take great pride in their commitment to giving back to the community and in that regard take environmental stewardship and their carbon footprint seriously. Over the years and as the business has grown, a number of conservation strategies have been put into action at both the San Luis Obispo and Paso Robles offices.

“As our children learn and care more about the benefits and necessities of environmental stewardship, we find that even these small steps make a difference in a connected community like ours,” said Ziyad Naccasha. “Locals know if you make the effort to reduce your carbon footprint. Why take the time as a local business to do so? That’s like asking why I should vote. Every little bit helps.”

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Victory by C&N Attorney in Hard Fought Case

Congratulations to our litigation specialist, Michael McMahon, on his decisive victory for the City of Arroyo Grande in the Second District Court of Appeal on August 6, 2015. The appellate court upheld a 2014 ruling in favor of the City and awarded it all costs on appeal in the matter of a writ petition filed by a former Arroyo Grande police officer seeking to overturn his termination. Due to the unfortunate circumstances surrounding it, the case was not one that Carmel & Naccasha took any pleasure in defending; however, the win was hard fought and well-deserved. We’re particularly proud of Mike’s understanding and deft navigation of the underlying writ petition and the appellate system. Well done, Mike!

Mike heads up our litigation group here at Carmel & Naccasha. For more information on Mike’s practice areas and experience, please click on the link below.

http://carnaclaw.com/mcmahon/

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Ladies’ Nights Illegal in California

Having a Ladies’ Night at your winery or restaurant may sound like a great way to generate business and give your customers a nice break on price.  But if you have one, you open yourself up to a lawsuit, because Ladies’ Nights are illegal in California.

As ridiculous as that may sound, the California Supreme Court has twice held that ladies’ night-type promotions are an illegal form of gender discrimination. 

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