Candice Nguyen Hamant is Senior Counsel in Tyson & Mendes’ Northern California office. Her practice focuses primarily on general liability, construction litigation, and premises liability. Ms. Hamant has extensive litigation experience, including representing individuals and businesses in California state and federal district courts.
Ms. Hamant’s successes include numerous motions for summary adjudication on the duty to defend, a vexatious litigant order effectively dismissing suit against her client, setting aside a $600,000 default judgment, and a highly favorable jury verdict in a federal First Amendment case for an orchid vendor at a farmer’s market owned and managed by a municipal government.
Ms. Hamant graduated from the University of California, Los Angeles in 1991 and earned her J.D. in 1996 from Golden Gate University School of Law. Ms. Hamant is licensed to practice law in California. She is a founding member of the Vietnamese American Bar Association of Northern California and a founding organizer of the inaugural National Conference of Vietnamese American Attorneys in 2006. In 2009, she received a Rising Star Award from the Minority Bar Coalition.
In her free time, Ms. Hamant enjoys spending time with her husband and two children, running trails, playing volleyball, and baking.
Recent PostsA Powerful Tool to Deal with a Mechanic’s Lien Foreclosure Lawsuit in California
Contractors and material suppliers are entitled to foreclose on a mechanic’s lien if they comply with the preliminary notice (“prelien”) requirements. California Civil Code sections 8200 and 8204 require notice to the owner, direct contractor and construction lender, if any, not later than 20 days after the contractor or material supplier has first furnished work on the work of improvement. If the contractor or material supplier fails to do this, they are not precluded from giving preliminary notice, but their claim is limited to the value of work and materials provided within 20 days prior to the service of the preliminary notice and any time thereafter.Trip and Fall on a Public Sidewalk – Who’s Liable in Florida?
If a pedestrian trips and falls on a public sidewalk, who is liable? Generally, in Florida, cities and municipalities are tasked with the upkeep of sidewalks, and could thus be held liable in an injury case related to a trip and fall incident.Good Faith Settlement Determination: Not a Free Pass
Often times, after a settlement in a construction defect litigation or case involving real property, such as a fall at a public park, defendants would run out to get their good faith settlement (“GFS”) determination as a matter of course. While a GFS determination protects a litigant from equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault, it has no impact on claims not based on those theories—namely claims for equitable subrogation.California: Know Thy Tenants
Given the lack of affordable housing, especially in major cities like San Francisco, landlords should not be surprised to find changes in occupancy in their rental units without their consent. Landlords might inadvertently change the status of those occupants to “tenants” and unwittingly confer tenant rights on those occupants.