Claudia Hagadus Long, Esq.

Profile

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

  • Business: Ms. Long has helped craft equitable partnership dissolutions, and mediated inter-business disputes, large collection matters, sensitive issues of management relations, all with an eye to prompt and satisfactory results.
  • Construction: As one of the early construction-defect litigators, Ms. Long has experience mediating disputes between owners and contractors, contractors and subcontractors, mechanic’s liens, and insurance issues surrounding construction claims.
  • Employment: Central to Ms. Long’s mediation practice is the humane, culturally informed and economical resolution of employer-employee disputes, including Civil Rights claims, discrimination claims involving race, national origin and language, gender, gender identification, sexual orientation, age and disability issues; ADA claims, leave/FMLA/CIFRA matters, and wrongful termination. She mediated or supervised the mediation of over 500 disputes with the State of California Department of Fair Employment & Housing.
  • Probate, Trusts & Estates: In an area requiring both compassion and intense practicality, Ms. Long has a long-established mediation practice resolving the disputes between family members as heirs, claims of elder abuse, and claims of outsiders, all handled with an understanding of the needs of the parties.
  • Real Estate & Banking: In one of the most common arenas of mediation, Ms. Long has extensive experience with the claims of buyers, sellers and agents in the resolution of both mandatory pre-litigation concerns and mid-lawsuit solutions. She has long and vast experience with banks and other lending institutions regarding mortgage claims, claims of wrongful foreclosure, illegal lending practices, and holdover evictions.
  • Wage & Hour: This is a popular topic for mediation, and Ms. Long has mediated overtime, rest and meal breaks as well as independent-contractor/employee claims to satisfactory conclusion.
  • Indian/Native American Tribal Council Disputes: Although not a member of any Tribe or council, Ms. Long has successfully mediated between Tribe and non-Tribe parties regarding leases, casinos, and territorial infringements, with both classic mediation modes and collaborative decision-making.

Ms. Long has been a practicing attorney for 40 years, both as an exceptionally skilled mediator who has mediated over 2,500 cases, and as 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.

Ms. Long is also a well-known novelist, with five novels, including the most recent, Nine Tenths of the Law, to her credit.

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 – 2020 Department of Fair Employment & Housing, Mediator
    Mediated Employment Discrimination cases through DFEH; assisted Director of Dispute Resolution with administrative and policy issues; managed volunteer mediator program.
  • 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

  • Bank induced borrower to refinance of a higher interest rate, then refused to modify loan because borrowers were current. Borrowers waited too long to sue while they searched for options.
  • Bank foreclosed during mortgage modification consideration, before borrower's documents were due.
  • Private lender foreclosed after 3 months, claiming that borrower had not made payments. Borrower had evidence of contacts with server to set up automatic payments. Borrower sued for reimbursement of $195,000 in additional interest and attorney’s fees charged during 10 months.
  • 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

  • Bank induced borrower to refinance of a higher interest rate, then refused to modify loan because borrowers were current. Borrowers waited too long to sue while they searched for options.
  • Bank foreclosed during mortgage modification consideration, before borrower's documents were due.
  • Private lender foreclosed after 3 months, claiming that borrower had not made payments. Borrower had evidence of contacts with server to set up automatic payments. Borrower sued for reimbursement of $195,000 in additional interest and attorney’s fees charged during 10 months.
  • Plaintiff claimed that foreclosure sale was not done publicly - that it was conducted by Trustee after other bidders and plaintiff thought it had been postponed.
  • Plaintiff and Defendants were partners in 10 franchise of fast-food restaurants. Both own multiple other franchises. A dispute between partners alleged misuse of funds, money owed. Smaller partner bought out larger partner.
  • As part of a unique ethno-cultural group, the parties had engaged in years of business dealings, some documented, some not. Upon the death of a major player, the parties began making conflicting claims for properties and money owed. After the disputes escalated, all parties sought the mediator's help in resolving the current financial relationships. Although the case initially presented as a breach of contract, it was actually a collapsing web of years of secret and open dealings that involved many families and properties in the Bay Area.
  • Franchisee advanced funds 6 months before signing Franchise Disclosure document. Franchiser failed to support Franchisee, and store failed because of franchisee lack of knowledge or experience to succeed.
  • Settled a case where employee was enticed from Plaintiff's business to competitor defendant with promises of higher commissions. Employee took leads from Plaintiff, but leads did not result in sales.
  • Plaintiff and Defendants were partners in 10 franchise of fast food restaurants. Both own multiple other franchises. A dispute between partners alleged misuse of funds, money owed. Smaller partner bought out larger partner.
  • As part of a unique ethno-cultural group, the parties had engaged in years of business dealings, some documented, some not. Upon the death of a major player, the parties began making conflicting claims for properties and money owed. After the disputes escalated, all parties sought the mediator's help in resolving the current financial relationships. Although the case initially presented as a breach of contract, it was actually a collapsing web of years of secret and open dealings that involved many families and properties in the Bay Area.
  • 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

  • Settled case where contractor felt he was owed money. Homeowner felt he overpaid.
  • Relative of builder falsely used builder's license number and created business cards. He then defrauded an elderly homeowner of $400,000 in "construction costs". She paid additional $200 000 to have problems fixed. Builder alleges that he was unaware of his relative's fraud or use of his license.
  • 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.

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Employment

  • Defendant employer demanded that the complainant go from salaried to hourly and then to independent contractor after she told them she was pregnant. They fired her the day she was to return from leave. Defendant contends they were eliminating her entire division and that all members were either terminated or became independent contractors.
  • Waitress was physically and sexually harassed by kitchen manager. Her hours were cut after she complained, 4 other women came forward with similar but time-barred complaint.
  • Plaintiff alleged failure to engage in interactive process and termination due to post-pregnancy disability. Defendant alleged that they offered a suitable position until plaintiff recovered. The case was seriously complicated by issues surrounding battered and abused women.
  • Settled an employment matter where the plaintiff claimed that she had been mis-classified as an exempt manager but the defendant claimed she suspended 15 people and set her own hours.
  • Two therapists at the specialty pre-school were terminated for absenteeism. They claimed FMLA/CFRA violations.
  • Waitress was physically and sexually harassed by kitchen manager. Her hours were cut after she complained, 4 other women came forward with similar but time-barred complaint.
  • Plaintiff alleged failure to engage in interactive process and termination due to post-pregnancy disability. Defendant alleged that they offered a suitable position until plaintiff recovered. The case was seriously complicated by issues surrounding battered and abused women.
  • Two therapists at the specialty pre-school were terminated for absenteeism. They claimed FMLA/CFRA violations.
  • Waitress was physically and sexually harassed by kitchen manager. Her hours were cut after she complained, 4 other women came forward with similar but time-barred complaint.
  • Plaintiff alleged failure to engage in interactive process and termination due to post-pregnancy disability. Defendant alleged that they offered a suitable position until plaintiff recovered. The case was seriously complicated by issues surrounding battered and abused women.
  • 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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Family Law

  • Settled a case in which a couple disputed rights to properties, five of which were in Mexico, along with disputes over personal property and vehicles.

Insurance

  • Settled a case where employee fell while employer was remodeling. Employee settled with employee and sought compensation from floor installer. Installer claimed that control of the premises was exclusively handled by employer, and area was off-limits during construction.
  • Settled a case in which an insurance company denied a claim based on fraud. The claimant was Ghanaian and the theft occurred in Ghana.

Landlord/Tenant

  • Settled a case where plaintiffs, African-American Lesbian couple, were denied an apartment application after telling landlord they had a daughter. Landlord said the limit for the 2 Bedroom apartment was 2 people. Landlord then rented to 3 adults, 2 White, 1 Korean-American.
  • Plaintiff neglected to pay rent on a regular basis. Landlord issued 3-day eviction notices every month on the second of the month to generate an eviction of the rent-controlled apartment. Tenant sued landlord for harassment. Case settled for $75,000.
  • Landlord failed to provide CC+Rs to tenant upon lease and failed to tell tenant that HOA enforced every detail of CC+Rs. After move-in, a landlord repeatedly visited tenant, sometimes entering the garage to talk to tenant about violations of rules.

Probate, Estates & Trusts

  • Settled a case involving a dispute over apportionment of family home and reimbursement of trust and out of pocket expenses.
  • 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

  • Husband sued estate of wife and executor/step-daughter for misappropriation, breach of contact. Duty and elder abuse. Step-daughter claimed plaintiff conveyed all his interest in the family home to deceased wife and took funds from joint account.
  • Parties bought properties together but didn't put both names on a title. Non-titled owner withheld collected rents to force titled owner to amend title. Instead, titled owner transferred properties to a trust she created, then sued for damage to trust assets
  • Developer sought to purchase two sub dividable lots from seller but miscommunications cause the sale to fall through. In an action for specific performance, settlement resulted in re-negotiated deal suitable to all.
  • Arbitration award compromise amount was paid off through written compromise negotiated by agent.
  • Seller did not tell buyer that remodel, including removal of load-bearing wall, was done without permits. Contractor was seller's friend, license suspended, and no written contract.
  • Former domestic partners owned property in joint tenancy. At the end of the relationship, one party returned to Mexico and made no contributions to mortgage or taxes. Remaining partner could not refinance or sell. Parties sued for partition and contribution.
  • Major investors cancelled investments in real estate development because units were not built. Parties disputed tights to cancellation, refunds, commissions, and investor binding fees.
  • Settled a dispute between neighbors over a lot line, encroachments, easements for ingress and egress, and drainage issues.
  • Handled a case involving rural property neighbors dispute over water rights and property lines.
  • Settled a case in which an agent failed to upload inspection reports to DocuSign and advised the buyer that pictures taken by an agent were the contents of the report. The report missed significant conditions in the home.
  • Settled a case in which the plaintiff brought property at foreclosure. All parties missed the first date of transfer, so surplus funds were released to the foreclosed-out owner. The buyer paid off first and sued to collect reimbursement from the borrower.
  • Parties owned three properties jointly for more than a decade and wished to separate their interests.
  • One party took title to property, with the loan in his name to facilitate purchase of a home by another party. They then turned title into tenancy in common. Initial facilitating party made no payment but received all the tax benefits. Paying party sued to transfer title solely to him as he now could obtain full financing.
  • 93-year-old seller was in contract to sell his house when a "flipper" - approached by seller - offered with less money "all cash - quick close". When seller's agent didn't cancel prior sales contact, flipper sued.
  • Settled Case where lender filed NOTS while reviewing loan modification application but rescheduled it immediately after noticed by borrower of error.
  • Plaintiff bought a building but not business. Seller's certificate of occupancy was not final, but seller thought it was finalized. City didn't flag issue or follow up after buyer took ownership, city did not permit intended.
  • Plaintiff neglected to pay rent on a regular basis. Landlord issued 3-day eviction notices every month on the second of the month to generate an eviction of the rent-controlled apartment. Tenant sued landlord for harassment. Case settled for $75,000.
  • Developer sought to purchase two sub dividable lots from seller but miscommunications cause the sale to fall through. In an action for specific performance, settlement resulted in re-negotiated deal suitable to all.
  • Arbitration award compromise amount was paid off through but written compromise negotiated by agent.
  • Seller did not tell buyer that remodel, including removal of load-bearing wall, was done without permits. Contractor was seller's friend, license suspended, and no written contract.
  • Former domestic partners owned property in joint tenancy. At the end of the relationship, one party returned to Mexico and made no contributions to mortgage or taxes. Remaining partner could not refinance or sell. Parties sued for partition and contribution.
  • Landlord failed to provide CC+Rs to tenant upon lease and failed to tell tenant that HOA enforced every detail of CC+Rs. After move-in, a landlord repeatedly visited tenant, sometimes entering the garage to talk to tenant about violations of rules.
  • 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.