The Attorneys
DAN JACOBSON
Principal
EXPERIENCED, KNOWLEDGEABLE ATTORNEY:
Litigator:
Mr. Jacobson has practiced civil litigation in California since 1988. Much
of that practice has been spent litigating cutting-edge legal issues in cases
that the courts have deemed “complex” under California law. These
cases often have hundreds of parties, and a host of such cutting-edge legal
issues.
Mr. Jacobson’s experience and knowledge of civil litigation enables him to
deftly handle the most difficult of situations to reach highly successful
results for his clients.
Business to business litigation, all types of construction-related litigation,
insurance litigation, personal injury litigation, and other non-complex matters
come relatively easy to Mr. Jacobson because of his vast experience in much
more complex cases. Winning numerous multi-party cases, that have numerous substantive, procedural, and novel legal issues, enables Mr. Jacobson to win
non-complex cases without much difficulty.
Insurance Coverage Counsel:
Mr. Jacobson has analyzed and opined on numerous commercial general
liability policies, regarding both the duty to defend, and the duty to indemnify.
Mr. Jacobson’s coverage analyses are objective (when done in the non-litigation
context), and it is based on the latest California insurance law.
Mr. Jacobson’s coverage analyses are greatly aided by the academic work that
he has done in this area. Mr. Jacobson has authored Lorman Education Services’ chapters “Construction Defect Claims – Defining, Comparing and Contrasting
the Differing Roles of the Adjuster and Attorney in Protecting the Contractor”,
and “Insurance Insolvency – Or What to Do if Your Insurance Company Goes
Broke”; the scholarly articles “Who Can Enforce a Contract?”, “Insurer
Learns It Can’t Wiggle Out of Its Duty to Defend”, “Contracting Clarity”, “Get
It in Writing?”, and “Understanding of History of Contract Interpretation Can
Benefit Attorneys” for The San Francisco Daily Journal and The Los Angeles
Daily Journal; the scholarly article “Is the Billable Hour Running Out of Time”
for California Lawyer; and, the scholarly article “The Armstrong Election --
a Misnomer with a Powerful Purpose” for Orange County Lawyer.
Mr. Jacobson’s coverage opinions are the product of deep California
insurance law knowledge, much California insurance law hands-on
experience, and constant continuing self-education on California
insurance law.
Mr. Jacobson’s knowledge of insurance is not only law-based; but, is based on firm practical experience. In 2006 Congressman John Garamendi (when Representative Garamendi was California’s Insurance Commissioner) appointed Mr. Jacobson to the Board of Governors of the California Insurance Guarantee Association (“CIGA”). Mr. Jacobson’s seat on the Board of Governors was one that the Legislature had newly created. Mr. Jacobson represented all of California’s businesses. (Insurance Code § 1063(b).)
Mr. Jacobson has worked closely on insurance issues with California’s
Insurance Commissioners, with California’s Attorney General, and with California’s Legislature.
Transactional Attorney:
When it comes to drafting contracts, and engaging in other transactional activities,
Mr. Jacobson has no rival. Mr. Jacobson’s knowledge of contracts and other
transactions comes from his decades of litigating such contracts and other
transactions, and his large volume of academic work in this area. Mr. Jacobson
has taught Contracts, and the Uniform Commercial Code for years, and he has
authored “An Indemnification Clause By Any Other Name”, “Who Can Enforce
a Contract?”, “California Supreme Court Declares No Fault Indemnity”,
“Contracting Clarity”, “Get It in Writing?”, “Bad Faith Can Pierce Corporate
Shield”, “Absence of Prevailing Party Won’t Preclude Lawyer Fees”, “Courts
Differ Over Who Can Sue for Construction Defects”, “Understanding of History
of Contract Interpretation Can Benefit Attorneys”, and “Crucial Provisions,
Enforcing Construction-Contract Indemnity Clauses” for the San Francisco
Daily Journal and the Los Angeles Daily Journal; “New Construction Defect
Law to Have Profound Effect on Litigation” for Orange County Lawyer; and,
“Is the Billable Hour Running Out of Time” for California Lawyer.
Law Professor:
Although Mr. Jacobson has been a full-time attorney for all of his career, for almost all of his career he has also taught law in the evenings and on weekends as an Adjunct Professor of Law. Mr. Jacobson believes that society benefits when new generations of lawyers are well-educated.
Mr. Jacobson is an Adjunct Professor of Law at Pacific West College of Law where he teaches Contracts, Evidence, the Uniform Commercial Code, Corporations, and other subjects related to his civil and property/casualty insurance practice.
Temporary Judge Panel:
Mr. Jacobson has volunteered as a Temporary Judge for the Orange County Superior Court, where he presided over Small Claims and Traffic trials. This allowed the Court’s permanent judges to better allocate their time, while giving Small Claims and Traffic litigants the benefit of Mr. Jacobson’s experience and knowledge.
Honorary Degree:
In 2003 Pacific West College of Law awarded Mr. Jacobson an Honorary
Juris Doctor Degree in recognition of Mr. Jacobson’s many contributions
to the law.
Scholarly Articles, Texts, and Seminars:
Mr. Jacobson authors scholarly articles for California Lawyer magazine,
California’s magazine of record for the legal community; The Los Angeles
Daily Journal and The San Francisco Daily Journal, California’s
newspapers of record for the legal community; Orange County Lawyer;
and other publications.
He has also co-authored a text for Lorman Educational Services, and has
been a prime participant in seminars, teaching various groups about law.
Published articles:
Jacobson, “The Armstrong Election -- A Misnomer With a Powerful Purpose” Orange County Lawyer 09/11 Vol. 53, No. 9, Page 16; LEXIS citation: 53 Orange County Lawyer 16. An analysis of the California law that prohibits “stacking” of insurance deductibles in progressively deteriorating damages cases and allows an insured in such cases to elect which deductible it will pay.
Jacobson, “An Indemnification Clause By Any Other Name” 08/04/11 The San Francisco Daily Journal and The Los Angeles Daily Journal page 3. An analysis of the law of contractual indemnity.
Jacobson, “Who Can Enforce a Contract?” 06/09/11 The San Francisco Daily Journal and The Los Angeles Daily Journal. An analysis of who can enforce a contract. Parties can enforce a contract, but who is a party? How does the law of agency play? Some third-party beneficiaries can enforce a contract, but which ones?
Jacobson, “Do ‘Special Answers’ Make a Sound?” 07/27/10 The San Francisco Daily Journal and The Los Angeles Daily Journal. An analysis of “Special Answers”, which allow a cross-defendant to assert defenses against not only the cross-complainant, but also against the plaintiff.
Jacobson, “Action Satisfaction” 07/22/09 The San Francisco Daily Journal and The Los Angeles Daily Journal page 7. An analysis of the profound answer to the simple question, what is a cause of action?
Jacobson, “California Supreme Court Declares No Fault Indemnity” 06/09 Orange County Lawyer page 35. An analysis of the Supreme Court’s decision in Crawford v. Weather Shield 44 Cal.4th 541 (2008). Called, “in depth,” and “must reading for anyone wanting to get up to speed on construction indemnity/defense contractual provisions” by the venerable California Attorney’s Fees (www.calattorneysfees.com/cases_indemnity/)
Jacobson, “Contracting Clarity.” 04/16/09 The San Francisco Daily Journal and The Los Angeles Daily Journal page 7. An analysis of implied contractual indemnity, with an emphasis on whether such sounds in contract.
Jacobson, “This Time It’s Personal” 03/31/09 The San Francisco Daily Journal and The Los Angeles Daily Journal page 7. An analysis of Constitutional and California statutory law re specific personal jurisdiction contrasted with general personal jurisdiction.
Jacobson, “Get It in Writing?” 05/06/08 The San Francisco Daily Journal and The Los Angeles Daily Journal page 7. An analysis of the California Supreme Court’s interpretation of California’s general statute of frauds.
Jacobson, “The Legislature has to Change the Delegate Selection Process” February, 2008 California Lawyer, page 6; 02/01/08 The San Francisco Daily Journal and The Los Angeles Daily Journal. An analysis of the Electoral College clause of the U.S. Constitution and its proscription against any body other than a state’s Legislature changing the manner in which that state selects electors to the Electoral College.
Jacobson, “A Brief History of Time Limits” 06/06/07 The San Francisco Daily Journal and The Los Angeles Daily Journal. An analysis of the history, purposes, definition, and applications of statutes of limitations.
Jacobson, “Indian Sovereignty – A Brief History” 06/07 Orange County Lawyer page 32. An analysis of the legal history of sovereignty issues pertaining to Native Americans.
Jacobson, “Insurer Learns It Can’t Wiggle Out of Its Duty to Defend” 09/29/06 The San Francisco Daily Journal and The Los Angeles Daily Journal. An analysis of Standard Fire Insurance Co. v. The Spectrum Community Association, an insurance coverage case that dealt with many issues that arise in the construction defect context.
Jacobson, “Bad Faith Can Pierce Corporate Shield” 07/06/06 The San Francisco Daily Journal and The Los Angeles Daily Journal page 9. Analysis of the alter ego doctrine, and how it does and does not protect the assets of corporate shareholders.
Jacobson, “Is the Billable Hour Running Out of Time” April, 2006 California
Lawyer, page 36. An analysis of the history, current state of, and
potential future for the hourly billing system. (Listed as source material
in The Bar of Quebec’s 2006 “Bibliography and Webographie Selectives
on the Equity and the Diversity Within the Law Profession”; cited at Davis,
Tom “Billable Hours Death Has Been Greatly Exaggerated”, 04/03/06 morepartnerincome.com.)
Jacobson, “Academic Senates Have Role in Designing Hiring Policies”
9/1/05 The Daily Journal. An analysis of the legal character of California’s
Community College Academic Senates.
Jacobson, “Absence of Prevailing Party Won’t Preclude Lawyer Fees”
5/23/05 The Daily Journal. An analysis of California law regarding fee
shifting in contract litigation.
Jacobson, “Law Schools Need to Teach Statutory-Construction Rules”
12/10/04 The Daily Journal. An analysis of the law of statutory interpretation.
Jacobson, “Courts Differ Over Who Can Sue for Construction Defects” 7/8/04
The Daily Journal page 7. An analysis of the differing views amongst
California’s Courts of Appeal regarding the accrual in tort of a construction
defect action.
Jacobson, “Dogs Are Humans’ Best Friend, Not Best Evidence” 4/22/04
The Daily Journal page 7. An analysis of statutory law, common
law, and Constitutional law regarding dog tracking evidence.
Jacobson, “Burden of Proof, Producing Evidence Have Distinct Roles”
3/10/04 The Daily Journal page 7. An analysis of California evidence law
related to the rules and effect of the dual burdens of proof and of producing
evidence.
Jacobson, “Wildfire Victims May Sue for Fire-Protection-Related Defects”
12/12/03 The Daily Journal page 7. An analysis of contractual and tort
remedies in construction defect lawsuits.
Jacobson “Privileges are not Just About Excluding Testimony” 10/6/03
The Daily Journal page 7. An analysis of the nature of legally recognized
confidentiality.
Jacobson “Understanding of History of Contract Interpretation Can Benefit
Attorneys” 6/2/03 The Daily Journal page 7. An analysis of the rules of
contract interpretation, with an emphasis on the historical development of
those rules.
Jacobson “New Construction Defect Law to Have Profound Effect on
Litigation” 12/02 Orange County Lawyer. An analysis of California’s complex
statutory scheme for the litigation of construction defect claims.
Jacobson “Whether New Law Applies Retroactively is Open Question”
10/7/02 The Daily Journal. An analysis of certain strong legislative
punishments for unlicensed building contractors.
Jacobson “To Answer the Question . . . or Not?” 6/02 Orange County Lawyer page 32. An analysis of the law governing the behavior of counsel and parties at depositions.
Jacobson “Crucial Provisions, Enforcing Construction-Contract Indemnity Clauses” 1/14/02 The Daily Journal; and 03/24/03 Real Estate Journal. An analysis of the law governing express indemnity in construction contracts.
Jacobson “Wait and See, No Tort Recovery for Defects Not Yet Resulting
in Damage” 01/08/01 The Daily Journal page 7. An analysis of the
California Supreme Court’s distinction between contract and tort remedies.
Jacobson “California’s Grandparents’ Rights” 10/00 Orange County Lawyer page 40. An analysis of the U.S. Supreme Court’s decision in Troxel v. Granville and that decision’s affect on the visitation rights of California grandparents. (Cited as point of Constitutional Law at Davis, “Non-Parent Visitation Statutes: Was Troxel v. Granville Their Death-Knell? 23 Whittier L. Rev. 721, 754.)
Jacobson, “Digital Pen” 8/28/00 California Law Business supplement to The Daily Journal. An analysis of the Federal “electronic signature” law.
Jacobson, “Knowing About Indemnification Clauses” 7/95 Indoor Comfort News. A lay explanation of the differences in the types of indemnification clauses that are found in subcontract agreements.
Jacobson, “I Declare Under the Penalty of Perjury that the Foregoing
Arguments and Opinions are True” XXXVIII #1 Dicta page 13. A
discussion of the uses and misuses of declarations.
Text: “Construction Project Operations” co-authored with Deborah Benson,
James DeRosa, and Samuel L. McDermott. Available at www.lorman.com.
Seminars: Construction defect seminar for Gallagher Bassett, October 5, 2010.
Topics on Which Mr. Jacobson Lectured
Jacobson & Associates sponsored and put on the seminar. The three
subjects covered were:
(a) California’s “Right to Repair” law, commonly called “SB 800”.
(b) “Special Answers” (Code of Civil Procedure section 428.70.) This tool should probably be used by all cross-defendants. Special Answers have been allowed by the Legislature since the 1970s; yet, they remain on the
“cutting edge” of legal issues because lawyers have been ignoring them since the 1970s.
(c) Crawford v. Weather Shield 44 Cal.4th 541 (2008), and in particular ways to defeat its otherwise devastating effects on subcontractors and material suppliers.
Mr. Jacobson led the discussion on California’s “Right to Repair” law,
commonly called “SB 800”, and significantly participated in the
discussions on the other topics.
Lorman’s Construction Project Operations in California (September, 2007)
Topics on Which Mr. Jacobson Lectured
“Construction Defect Claims – Defining, Comparing and Contrasting
the Differing Roles of the Adjuster and Attorney in Protecting the
Contractor”
“Insurance Insolvency – Or What to Do if Your Insurance Company
Goes Broke”
“Indemnification Inside and Outside of the Construction Contract”
2005-2006 Higher Education Law and Policy Institute (December, 2005)
Topics on Which Mr. Jacobson Lectured:
“Contract Litigation – How to Stay Out of It, and How to Win It
When You Can’t Stay Out of It”
“The Legal Characters and Roles of the Various Organizations in
the Collegiate Community”
Conference of Human Resource Managers Convened by The Labor Letter
Topic on Which Mr. Jacobson Lectured:
Wrongful Termination Law
Career Conference
Topic on Which Mr. Jacobson Lectured:
Wrongful Termination Law
EDUCATION:
Mr. Jacobson received his Juris Doctor Degree from Thomas Jefferson
School of Law in 1987. He received his Bachelor of Science in Laws
Degree from the same institution in 1986.
Mr. Jacobson completed his last 2 years of undergraduate college credit
and his entire law school curriculum in only 2 ½ years.
AFFILIATIONS:
Civic and Community Organizations:
*** Chair, Democratic Foundation of Orange County
*** Governor on the Board of Governors of the California Insurance
Guarantee Association (“CIGA”) (Ret.) (Appointed by John
Garamendi when Congressman Garamendi was the California State
Insurance Commissioner)
*** Director on Board of Directors of the Richard and Donna O’Neill Land
Conservancy (Ret.) (Appointed by the County of Orange)
*** Member of Friends of The Reserve at Rancho Mission Viejo Commission
*** Lifetime Member of Friends of the Tustin Library
*** Member of the Board of Directors of the Nanette Brody Dance
Theater (Ret.)
*** Vice-Chairperson of the Long Beach Commission on Youth (Ret.)
*** Member, Sea and Sage Audubon Society
Law Related Organizations:
*** Member of the California State Bar
*** Member of the Bar of the U.S. Ninth Circuit
*** Member of the Bar of the U.S. District Court, Southern District of California Bar
*** Member of the Bar of the U.S. District Court, Central District of California Bar
*** Member of the Orange County Bar Association
*** Member of Delta Theta Phi Law Fraternity
*** Member of Thomas Jefferson School of Law Alumni Association