The three areas of Mr. Noya’s practice are: 

I.  Business Litigation | This is the largest category of cases and include:
Business Torts:
Unfair competition, false advertising, non-competition agreements.
Contract Cases of every type and description:
Purchase and sale of goods, land, property and services, commercial code, secured
transactions, sales, guaranties, loans, promissory notes, construction, warranties
Corporate Litigation:
Officer/Director liability, shareholder rights, dissolutions/accountings
Fraud of every type and description:
Fraudulent Inducement, Intentional and Negligent Misrepresentation
Injunctions
Real Estate:
Broker liability, leases, real property disputes such as easements, boundaries, nuisance.
Mechanics’ liens, developer/development issues.

II.  Professional Liability (Malpractice):

Attorneys, Accountants, Brokers, Appraisers and other professionals make mistakes that should not have been made.  When they do, a claim for “malpractice” arises.  Malpractice arises in the rendition of professional services that causes an adverse consequence in a matter the professional was retained to handle.

A malpractice case involves an “underlying case” that likewise must be understood and analyzed.  Simply stated, to succeed with a claim for malpractice, there are “two cases” involved that need to be resolved favorably for the client:  The “malpractice case” and the “underlying case” in which the “malpractice occurred.”  Expertise in both areas is essential.

Over the past ten years, Mr. Noya has developed a specialty in handling malpractice cases with significant results that he attributes to his broad background and experience in business litigation.    

III.  Attorney / Client Disputes

This area is an offshoot of malpractice.  Clients often believe their attorney (or other professional) committed “malpractice” when upon closer scrutiny, the client’s complaint may be overcharging, excessive billing or accounting practices that don’t rise to the level of professional negligence. Mediation and arbitration of fee disputes is a sensible approach to this kind of problem.

Mr. Noya has served as an arbitrator in fee dispute cases more than twenty-five times on behalf of the San Diego Bar Association.

Because of his experience, Mr. Noya represents parties in both Bar Association and privately retained mediation/arbitration proceedings to resolve fee disputes.  If mediation or arbitration fails, litigation may be necessary.