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Attorney Information

Attorney NATHANIEL R. LUCEY

Location
152 North Third Street, Suite 700
San Jose, CA  95112-5560
T: 408.286.0880
F: 408.286.0337

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Practice Groups
Personal Injury
Real Estate

Admitted to Practice
– All courts in the State of California
– U.S. District Court, Northern District of California
– U.S. District Court, Eastern District of California
– U.S. District Court, Central District of California
– U.S. District Court, Southern District of California

Education
J.D., Santa Clara University, 2008
B.A., The College of William & Mary, 2002

Presentations and Articles
– "Considerations in Making a California Code of Civil Procedure Section 998 Offer"

NATHANIEL R. LUCEY, Partner

Nathaniel is a partner in the firm's San Jose office. He advises and represents clients in a wide array of legal matters including:

  • Personal injury
  • Employment
  • Product liability claims
  • Landloard/tenant disputes
  • Professional liability (attorneys, appraisers, real estate brokers)
  • Construction defect claims
  • Insurance coverage disputes/bad faith
  • Fair Debt Collection Practices Act claims
  • Truth In Lending Act claims
  • Real Estate Settlement Procedures Act claims
  • Real estate disputes
  • Special education litigation
  • Securities, and complex commercial and business litigation

Over Nathaniel's five years with the firm, he has achieved numerous positive results for his clients either through trial or settlement. Below are some examples of these results.

Special Education Litigation – Nathaniel represented a school for autistic children sued by a former student who claimed violations of state and federal discrimination statutes as well as for intentional and negligent tort claims. Nathaniel successfully moved for summary judgment as to all causes of action and had judgment entered in favor of his client.
Product Liability – Nathaniel represented a manufacturer of a pneumatic grinder in a multi-million dollar wrongful death product liability case. The case ultimately settled at mediation for a fraction of the requested damages. Factors contributing to the minimal settlement amount included Decedent's undocumented immigrant status, the Decedent's own negligence, and the negligence of his employer in training and supervising Decedent.
Real Estate Non-Disclosure – Nathaniel successfully defensed a six-day bench trial on behalf of a defendant seller in a real estate non-disclosure case.
Professional Negligence – Nathaniel represented a real estate appraisal firm that was sued for professional malpractice and fraud for an appraisal it prepared for an investment offering on a commercial building in San Francisco. Plaintiff investors engaged in multiple discovery abuses which resulted in the trial court dismissing the case against Nathaniel's client prior to trial. Plaintiffs then appealed the dismissal which the appellate court dismissed on Nathanielís motion.
Debt Collector Defense – Plaintiff consumer alleged that Nathaniel's client, a secondary market debt collector, violated the Fair Debt Collection Practices Act (FDCPA). Plaintiff requested punitive damages and alleged Nathaniel's client negligently trained and supervised its employees. Nathaniel drafted, argued and prevailed on a partial summary judgment motion in federal court on both the punitive damages claim and the negligent training and supervision cause of action and later excluded evidence regarding the client's termination of the alleged offending employee as well as evidence of similar lawsuits filed against the client. As a result of these victories, the parties reached a settlement favorable to the client.
Securities Litigation – Plaintiff investors sued Nathaniel's client, a real estate agent, alleging he sold unlicensed securities in violation of the California Corporations Code. The court granted Nathaniel's motion to dismiss ending the lawsuit against Nathaniel's client at the outset of the litigation.
Wrongful Termination – Plaintiff employee sued her employer, a cardiologist claiming that he threatened her life and terminated her after she reported the threat to law enforcement. Plaintiff alleged that Nathaniel's client, a Professional Employer Organization, was her co-employer with the cardiologist and that its decision to place her on administrative leave while investigating the alleged threat was a constructive termination of her employment and done in retaliation for her reporting the threat to police. Nathaniel second chaired a three week trial which ended in a defense verdict for his client and later defeated Plaintiff's appeal of the verdict.

In addition to dedicating himself to providing quality legal services to his clients, Nathaniel is also active in the legal community. He recently finished serving as a special adviser to the board of directors for the California Young Lawyers' Association (CYLA). As a former board member of CYLA, he represented new attorneys' interests at the State Bar by attending and speaking at Board of Trustees meetings. In addition to serving as a representative for new members, he has also presented continuing education courses to attorneys.