Jewell J. Hargleroad
Top rated Appellate attorney in Hayward, California
Practice Areas:
Appellate,
Business litigation,
Construction litigation,
Environmental,
Estate & trust litigation,
Contracts,
Construction defects
Education Qualification:
University of San Francisco School of Law
Practice Areas:
Appellate,
Business litigation,
Construction litigation,
Environmental,
Estate & trust litigation,
Contracts,
Construction defects
1090 B Street No. 104Hayward, California, 94541
First Admitted: 1987, California
Professional Webpage: http://www.jewellhargleroad.com/staff.html
Bar/Professional Activity:
- Airport Defender Award, California Pilots Association, 2008
- Chair, Executive Committee of Environmental Section, Alameda County Bar Association
- Member, Executive Committee of Environmental Section, Alameda County Bar Association
- U.S. Supreme Court
- Appointee, California State Bar Committee on Administration of Justice, 2008-2012
- U.S. District Court of Eastern District of California, 1987
- U.S. District Court of Central District of California
- Bar Association of San Francisco
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Federal Court
- Alameda County Bar Association, Environmental Law Section, former Chair Executive Committee, Member
- San Francisco Queens Bench Bar Association
- U.S. District Court of Northern District of California, 1987
- California, 1987
- State Bar of California, Litigation Section, Executive Committee, Member
- California Women's Lawyers Association
Verdicts/Settlements (Case Results):
- Represented public works contractor in successfully protesting and vacating $33 million bid award by San Francisco public entity, including administrative appeal to the Federal Transit Administration, which when re-bid was subsequently awarded to client. Represented public works contractor in collecting over $6 million due from San Francisco public entity after termination for convenience of public works contract Successfully moved Orange County Superior Court to vacate seven year old void default judgment lien against San Francisco probate action which was affirmed on appeal by the Fourth District Court of Appeal Successfully represented insured/policyholder in reversing multiple adverse orders by Superior Court changing underlying liability under final judgment. Briefed Tomlinson v. County of Alameda pending before California Supreme Court for Amici League of Women Voters for Eden Area and local non-profit community organization Fairview Community Club on intention of scope of exemption and application of the exhaustion of administrative remedies doctrine under California Environmental Quality Act. Briefed Tomlinson v. County of Alameda (2010) 188 Cal.App.4th 1406, representing Fairview Community Club as Amicus for petitioners, resulting in successful reversal of decision on statutory scope of exhaustion of administrative remedies doctrine and remand back to County to conduct environmental review under California Environmental Quality Act. Successfully represented statewide and local non-profit organizations intervening in complex administrative proceedings on Eastshore Application before California Energy Commission, which aviation position was adopted by Commission defeating application to construct 115-megawatt thermal gas fired power plant. Successfully reversed Marin County Superior Court probate order surcharging constructive trustee approximately $2 million, resulting in subsequent order on remand reversing and substantially reducing surcharge. Successfully represented insured/policyholder before the First District Court of Appeal resulting in affirming rescission order on new home purchase and reversing duplicative award of $115,000 by Sonoma County Superior Court. Argued and briefed Scott v. Blount (1999) 20 Cal.4th 110 concerning scope of section 998 of the Code of Civil Procedure. Supreme Court reversed and affirmed in part Sixth District Court of Appeal. Argued and briefed Scott Co. v. United States Fidelity & Guaranty Ins. Co. (2003) 107 Cal.App.4th 197, establishing sureties’ liability for attorney fees when sureties fail to participate in settlement offer under section 998 of the Code of Civil Procedure and scope of entitlement to reconsideration by different judges. Argued and briefed Hayward Area Planning Association, et al. v. City of Hayward (2005) 128 Cal.App.4th 176, successfully reversing a $22,000 cost bill in favor of large developer against non-profit environmental organizations on statutory question of first impression of the Public Resource Code. Won 3 out of 4 consolidated appeals in First District from 4 lower court trust & estate probate orders in David v. Hermann (2005) 129 Cal.App.4th Successfully dismissed federal RICO action by City & County of San Francisco against contractors on large public works contracts (SFO airport and ball park). Won 3 out of 4 appeals in the Sixth District affirming and reversing the lower court; awarded costs on appeal. Initiated and assisted in drafting 1997/1998 statutory amendments to section 998 of Code of Civil Procedure for State Senator with Trial Attorneys Assoc. Successfully secured $6 million/19 miles of telecommunications facilities in San Francisco and San Mateo Counties and $1.2 million settlement with MCI approved by Nebraska Bankruptcy Court. Obtained $1.2 million pre-judgment writ of attachment, without notice over multi-million-dollar real estate trust deed fraud scheme. Successfully vacated arbitration award based on arbitrator’s failure to disclose relationship with opposing party. Briefed and argued 20 motions in limine for trial on water treatment plant – won them all; also developed key trial theory leading to settlement. Wrote some nine trial briefs over 30 pages each within six-week period for three-month trial over the San Jose Convention Center. Argued, briefed and successfully reversed adverse decision construing the scope of mandatory provisions of subdivision (b) of section 473 of the Code of Civil Procedure resulting inA.T. Entertainment, Inc. v. Reed (1998) 62 Cal.App.4th 1485. Argued and briefed Liton General Engineering Contractors, Inc. v. United Pacific Insurance (1993) 16 Cal.App.4th 577; although First District Court of Appeal affirmed adverse trial court decision, it was by a divided Court with a substantial dissent in our favor for which Witkin provides significant discussion distinguishing the Liton majority opinion. Helped brief Blair Excavators, Inc. v. Paschen Contractors, Inc. (1992) 9 Cal. App.4th 1815 concerning the scope of necessary notice and prejudicial reliance related to section 3091 of the Civil Code. Briefed Lungren v. Dukmejian (1988) 45 Cal.3rd 727 petition for a writ under original jurisdiction of the Supreme Court concerning conflicting ballot initiatives. Researched and drafted argument resulting in Mandicino v. Maggard (1989) 210 Cal.App.3d 1413 successfully reversing Superior Court award of attorney fees for court ordered ballot language changes on ground award chilled protected political opinion. Analyzed impact on proposed legislation, such as whether proposal retroactive or declaratory. Briefed City of Gilroy v. State Board of Equalization (1989) 212 Cal.App.3d 589 successfully reversing San Francisco Superior Court interpreting scope of ballot initiative creating California lottery.
Special Licenses/Certifications:
Certified Legal Specialist in Appellate Law by State Bar of California
, 2015
Pro bono/Community Service:
- Appointee, Alameda County Airport Land Use Commission, 2012
Appointee, Fairview Municipal Advisory Council
, 2018- Appointee, Alameda County (West) Board of Zoning Adjustment, 2002 - 2010
- Graduate, Chamber of Commerce Leadership Oakland Program
Honors/Awards:
Recognized for Excellence in Appellate Law
, Awardee for Excellence in Appellate Law, Lawyers of Distinction..., 2018- American Jurisprudence Award in Trusts & Estates, USF School of Law
- Northern California Super Lawyer, San Francisco Magazine, 2005
- Recipient of Best Brief Award, Moot Court, USF School of Law
- Recipient of Award, California Pilots Association for “Airport Defender, 2008
- Within Top Five Finalists, "Procedural Due Process of Punitive Damages," USF Law Review, 34th National Conference of Law Reviews Writing Competition
Educational Background:
- University of California – Santa Cruz, Bachelor of Arts, Politics, Honors: Alternate Student Body President, Honors: College Student Council, Honors: Recipient of California State Scholarship
Scholarly Lectures/Writings:
- Some Notable Developments in Civil Case Law, Author, Developments In Appeals And Writs, California Litigation Review, California Litigation Section, 2013
- Comment, "Punitive Damages: The Burden of Proof Required By Procedural Due Process,"
- 22 U.S.F. Law Review 99 (1987)
- Moderator for Environmental Law, Business, and Trial Practice Sections 2013 Continuing Legal Education Course: "Where is CEQA Going? Where should CEQA go?" Alameda County Bar Association, Oakland
- Panelist for Lorimar Continuing Legal Education Seminars on “Federal Rules of Civil Procedure,” 1996-2000, Oakland
- Panelist for Stirling Education MCLE Seminar, Fundamentals of Construction Law, 2004, Oakland
- Briefed and argued for the League of Women Voters and Hayward Democratic Club as amici Hayward Area Planning Assn. v. Superior Court (1990) 218 Cal.App.3d 53 defending referendum of City ordinance
Industry Groups:
- Administrative Law
- Construction
- Contracts
- Environmental
- Government Contracts
- Probate
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