Professional Experience for Inland Empire Lawyer -- David H. Ricks

CALIFORNIA LITIGATION SERVICES

Since 1992, David H. Ricks & Associates has been dedicated in providing quality legal services for residents and businesses of Southern California’s Inland Empire. The Inland Empire is filled with individuals, small and medium sized businesses faced with similar legal issues as large businesses, yet they lack the same legal budget and resources as their larger counterparts. Nearly all of those businesses were developed by industrious individuals that know their industries well, but still need legal help to succeed. Lawyers that clearly understand the needs of small businesses can meet those needs and provide quality legal services at a fair price. David H. Ricks & Associates is a California law firm ready to meet the needs of Southern California’s residents and small businesses.

Practice Areas

Professional Experience

DAVID H. RICKS, ESQ.

David H. Ricks & Associates / Inland Empire Law Group, Rancho Cucamonga, CA.

1992 to present. David started his litigation practice handling all types of matters in construction, business, real estate, intellectual property and civil matters of many types. Familiarity with the needs of small business, while familiar with the legal process and specifically the court procedures, David has successfully navigated businesses through the difficulties of litigation.

David Ricks has been also practicing in the areas of personal injury, wrongful death claims and employment litigation.

Through the years, David H. Ricks has handled over 1500 cases.

Covington & Crowe, Ontario, CA. Mr. Ricks began his practice in construction and business litigation, handling (and winning) an evidentiary hearing the day following his first day as an attorney. Within two years, Mr. Ricks expanded to handle injury related claims and was head of the personal injury department within three years.

Recognitions & Accomplishments
2002 President, Western San Bernardino County Bar Association
1995 to 2001 Member of the Board, Western San Bernardino County Bar Association
Presenter for “How to Try Your First Civil Case”
Judge Pro Tem
Designer of the Pro Per Superior Court arbitration program for Rancho Cucamonga Courts.

Admittance
Supreme Court for the State of California, Admitted to practice law in California State Courts, 1987. United States District Courts for the Central, Southern and Eastern Districts of California.

Education
1987 Juris Doctorate, Brigham Young University, J. Rueben Clark School of Law, Provo, Utah.

1984 Bachelor of Science Degree, School of Agriculture, Emphasis in Agribusiness, Brigham Young University.

Professional Associations
California State Bar Association, Member in Good Standing since 1987.
Western San Bernardino County Bar Association.

Personal
1979-1981 Missionary in Argentina for The Church of Jesus Christ of Latter-Day Saints
Married with four children

Languages
Spanish

“I enjoy being a lawyer. It is a profession that allows me to help others in their time of need. The reason people come to see me is because they have a problem they cannot solve on their own. I look at my position as a problem solver, not a problem creator. I want to leave my clients in a better state than when they came to me. Ultimately, I want my clients to feel that they have received top quality representation and advice, regardless of the outcome.”
David H. Ricks

FAQ

What is a mechanic’s lien and how does it work?

Before we get to the mechanic’s lien we have to talk about a 20-day preliminary lien notice. Except for a contractor that is directly contracted with the property owner, this notice must be sent to the property owner to notify him/her of a subcontractor’s or supplier’s contribution to the property. The notice should be sent within 20 days from the time work began by that contractor to secure all the work performed. If it is filed later, it will only reach back 20 days from the date of the notice. If the document has not been sent (whether or not received) no mechanic’s lien can be enforced.

WHAT DO I NEED TO PROVE FOR A BREACH OF CONTRACT CASE?

Civil Code section 1549 provides: “A contract is an agreement to do or not to do a certain thing.” Courts have defined the term as follows: “A contract is a voluntary and lawful agreement, by competent parties, for good consideration, to do or not to do a specified thing.” (Robinson v. Magee (1858) 9 Cal. 81, 83.)

A breach of contract is when one or more parties fail to perform the agreement entered into prior to the performance of the specified thing.

CAN I RECOVER ATTORNEY FEES IF I WIN MY BREACH OF CONTRACT CASE?

This is probably one of the most often asked questions of me when I start my review of a breach of contract case. Whether a case proceeds to litigation often depends on the ability to recover the cost of attorney’s fees from the opposing party. I often see businesses or individuals that are owed $20,000.00 or less from someone that did not pay for the services or did not pay on a loan.

What is a "Preliminary 20-day notice" and as a California contractor, material supplier or subcontractor do I have to serve one to protect my rights?

First, the preliminary 20-day notice is a written notice from a contractor/subcontractor/material supplier that is given to an owner, the general contractor, lender and/or construction financer of a property, advising them that the individual or company is either delivering supplies or performing construction related services on a particular parcel of property or on a building.

If I have a signed purchase contract, and the seller tries to back out and sell the property to another for a higher price, what rights do I have?

This problem was prevalent in the time period when the property values were skyrocketing. In fact, there was a lot of litigation between buyers and sellers because we were seeing property values rise weekly and sellers were trying to capture the highest price regardless of the consequences to the buyer and his or her family.