Claudia Hagadus Long, Esq.

Profile

Claudia Hagadus Long, Esq. is one of the leading alternative dispute resolution neutrals in the Bay Area, specializing in resolving disputes involving:

  • Business
  • Construction
  • Employment
  • Probate, Trusts & Estates
  • Real Estate
  • Wage & Hour

Ms. Long brings over 30 years of legal experience as an exceptionally skilled mediator who has mediated over 1,300 cases, including employment matters with the Department of Fair Employment & Housing, a civil litigator in both large and small law firms and in-house counsel at a large multinational bank.

Fluent in Spanish and French, she can conduct mediations entirely in Spanish when necessary. She is trusted to resolve complex disputes with multifaceted and multidisciplinary legal, organizational, cultural and personal issues.

Education

  • B.A. Harvard University, magna cum laude, 1976
  • J.D. Georgetown University Law Center, 1980

Legal Experience

  • 1997 – 2014 Long Law Offices, of counsel mediator and arbitrator
    Mediated over 1,300 cases. Also served as Arbitrator, Special Master and Insurance Umpire.
  • 2010 – Current Department of Fair Employment & Housing, Mediator
    Mediated Employment Discrimination cases through DFEH; currently assists Director of Dispute Resolution with administrative and policy issues
  • 1991 – 1997 Law Offices of Claudia Hagadus Long, Litigation
    Litigated Construction, Real Estate, Banking and Commercial Disputes
  • 1987 – 1991 Hyde & Drath, Litigation
    Litigated and tried Construction, Real Estate and Business cases
  • 1981 – 1987 Bank of America, Legal Department Litigation Section
    Litigated and tried Banking disputes

Professional Associations

  • California Association of Distinguished Neutrals
  • Contra Costa Bar Association
  • State Bar of California
  • SMART Mediation Panel, Contra Costa Superior Court

Representative Cases

Banking

  • Resolution of claims of failure to complete promised loan modification, wrongful foreclosure.
  • Resolution of wrongful foreclosure, breach of contract, failure to disclose existing underlying second deed of trust.
  • Resolution of claims of wrongful foreclosure, failure to complete promised loan modification, negligence and loss of loan file.
  • Resolution of wrongful eviction post-foreclosure, disposal of property by bank representative, lock-out, lender liability for failure to investigate occupancy.
  • Resolution of claim against bank for failure to disclose the existence of a meth lab in foreclosed REO property when selling to new buyer with small children, and liability for
    clean-up, rescission.
  • Resolution of failure to complete refinance, claims of falsification of income, failure to disclose information on TILA accurately.
  • Resolution of several cases in 2014 regarding failure of real estate agents and/or loan brokers to disclose the existence of Mello-Roos or other bonds/taxes that substantially increased monthly obligations of buyers/borrowers.

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Business

  • Resolution of dispute over purchase/sale of bar, dissolution of joint venture to operate bar.
  • Resolution of dissolution of closely held corporation and sale of shares of Mexican company, in Spanish.
  • Resolution of claims of breach of contract for purchase/sale of construction equipment and supplies.
  • Resolution of forced buyout of founding partner in tech manufacturing and production company. All partners agreed to meet with the mediator without litigation in an effort to orchestrate buyout and negotiate consulting contract for exiting partner and distribution of
    current accounts and future profits.
  • Resolution of buyout of former partner in electrical supply business. Valuation of interest offset by losses allegedly caused by departing partner.
  • Resolution of dissolution of partnership and valuation of interests in firearms store. Impact of change in firearms sale law on present and future value of the company.
  • Resolution of claims of failure to disclose toxic materials in used-oil trucking contract, and responsibility for clean-up and remediation.

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Construction

  • Resolution of breach of construction contract, mechanics lien foreclosure.
  • Resolution of breach of construction contract, failure to complete contract, walk-off, failure to adhere to payment schedule, defective work.
  • Resolution of breach of construction contract, use of unlicensed and uninsured subcontractors.
  • Resolution of dispute between former partners regarding loans to purchase real estate jointly and develop or flip, and for costs of litigation regarding those properties after the economic downturn in 2008-2012.

Employment

  • Resolution of claim of gender discrimination at a major hospital involving harassment and failure to offer promotion opportunities, excessive and discriminatory monitoring of work.
  • Resolution of claim of racial and gender discrimination against a large employment-resolution company - failure to distribute workload equitably, excessive allotment of undesirable territories and routes.
  • Resolution of claim of failure to grant FMLA and CIFRA, wrongful denial of leave, discrimination based on disability (mobility) against a school district.
  • Resolution of claim of racial discrimination and alleged failure to allocate desirable shifts equitably against a large food/snack restaurant chain.
  • Resolution of claim of racial discrimination, wrongful discharge, failure to promote, whistle-blowing and failure to hire by use of pre-textural examination questions by Spanish speaking employees against City.
  • Resolution of claims of disability discrimination and failure to accommodate (mobility and mental disability) against hospital.
  • Resolution of claims of age discrimination against a family-owned restaurant, Spanish speaking.
  • Resolution of substantial claims of sexual harassment of female farmworkers by male supervisors and owner of labor-providing consortium. Wrongful termination after filing DFEH complaint. Multiple plaintiffs. Spanish speaking.
  • Resolution of claims of extensive and pervasive sexual harassment, threats, coercion and wrongful denial of meal and rest breaks for refusal of sexual attentions, brought by multiple plaintiffs against a restaurant. Spanish speaking.
  • Resolution of claim of failure to provide interactive process after onset of disability, racial discrimination and retaliation brought by long-term employee against medical devices manufacturer.
  • Resolution of claim of wrongful denial of CIFRA and reasonable accommodations and reduction in hours and assignment to undesirable shifts, brought by employee after kidney surgery against restaurant employer. Spanish speaking.
  • Resolution of claim of gender discrimination brought by female employee against technology company alleging failure to give fair evaluations and project assignments, denial of equal access to training, benefits, telecommuting and other privileges granted to male employees.
  • Resolution of claim of discrimination based on pregnancy, wrongful termination, failure to
    re-hire following pregnancy leave, and denial of pregnancy leave against a bar.
  • Resolution of claim of discrimination due to disability (mental), perceived disability (physical), brought by extremely tall and large male against paint store.
  • Resolution of claim of harassment by male supervisor of female employee, sexual battery, intimidation and coercion, at county refuse dump.
  • Resolution of claim against franchise of national fast-food company for discrimination based on gender transition from male to female, refusal to grant reasonable accommodations during transition, refusal to permit use of new female name or wearing of women's uniform. Spanish
    speaking.
  • Resolution of claims by male employee of discrimination and sexual harassment against family-owned market owners due to sexual orientation. Spanish speaking.
  • Resolution of breach of employee's right to privacy, wrongful termination, harassment.

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Probate, Estates & Trusts

  • Resolution of dispute among adult heirs of parents' estate, valuation of ongoing accounting business; and distribution of profits.
  • Resolution of dispute between unmarried, co-habiting partners over disposition of assets, including car, real estate and business inherited by one partner but managed by the other.
  • Resolution of dispute between brother and sister, adult heirs to family business, regarding division of assets and "loans" to one sibling from business while acting as controlling manager during parent's final illness.
  • Resolution of dispute over family trust, which was acting as landlord in a strip-mall owned by the trust, seeking to evict tenants, whose business was owned by children of disfavored deceased family member whose estate formed bulk of trust.
  • Resolution of dispute among adult heirs of parent who was financially dependent on one son but had the other son and his girlfriend and children residing in family home with him at the time of death.
  • Resolution among seven surviving adult children and children of deceased siblings over unproductive rural property being targeted for commercial development.
  • Resolution of claims of undue influence among multiple heirs, including two sisters arrested but not convicted of assault on deceased parent; elder abuse.
  • Resolution of dispute between brothers: conspiracy to defraud one another by over- or under-valuing some or all of nine jointly held properties, sales to straw buyers to skew division of inherited lots. In Spanish.
  • Resolution of claim by collection agency that elderly father assigned rights to collection on judgment to agency, but son collected the judgment notwithstanding the assignment under a power of attorney given by the father ten years before the judgment, and failed to turn over funds to father, and failed to pay commission to agency.

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Real Estate

  • Resolution of claims for failure to maintain habitability under §8 subsidized housing, wrongful eviction.
  • Resolution of foreclosure on private Note and Deed of Trust, non-disclosure.
  • Resolution of real estate non-disclosure claims in purchase and sale of residence.
  • Resolution of Boundary dispute on a rural property and cattle grazing rights based upon interpretation of creek as boundary when creek's location moved over 50 years.
  • Resolution of wrongful foreclosure claims, failure of title company to note existing liens.
  • Resolution of breach of residential real estate purchase contract: fraud in the inducement, broker negligence, breach of fiduciary duty.
  • Resolution of claim of failure to pay commission after real estate purchase fell through.
  • Resolution of claim of fraud in real estate purchase, diversion of funds to Swiss bank accounts, and sale of nonexistent rights to property.
  • Resolution of claim of breach of commercial lease, failure to pay holdover rent or early termination fees.
  • Resolution of failure to complete conversion to Tenants In Common, breach of contract and fraud claims in purchase/sale of property.
  • Resolution of claims that subdivision map failed to disclose existence of creeks and water right-of-way, and that property was used by teenagers as night-time party spot, preventing large commercial developer from building access roads and having its construction project repeatedly vandalized.
  • Resolution of claims by HOA that owner was in violation of CCRs for inappropriate use of garage; claims of discrimination and harassment due to race.
  • Resolution of claims of failure to complete sale of real estate, despite existence of willing buyer; breach of contract; claim for commission.
  • Resolution of neighbor boundary dispute, claims of failure to redirect water away from lower property, use of shared driveway and existence of easement.

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Wage & Hour

  • Resolution of uncertified potential class action for failure to pay earned wages, prevailing wage claims, denial of rest and meal periods and overtime at a restaurant. In Spanish.
  • Resolution of claims of failure to pay minimum wage, earned wages, rest periods and dispute over classification as management/ exempt status at a restaurant.
  • Resolution of claims of failure to pay prevailing wage, clocking in on job site/ waiting periods claims at a plumbing company. In Spanish.
  • Resolution of claims of failure to pay overtime, meal and rest breaks at a restaurant. In Spanish.
  • Resolution of PAGA claims of undocumented workers, requiring workers to clock in and out under different names to avoid paying overtime at a restaurant. In Spanish.