Nicole C. Kelly

Professional Experience

Hallinan & Hallinan, P.C.: March 2016

Consultant: Estate Planning Division

Established estate planning division and assist with all estate planning transactions and clients.

The Kelly Law Firm: January 2008 – February 2016

Litigation Assistant: Trust Litigation; Breach of Contract Actions

Draft summons; notice of hearing; complaints; amended complaints; declarations and MPAs in support or opposition to various motions and petitions; replies; answers; denials; request for judicial notice; demurrers; motions to strike; motions to compel; ex parte applications; notice of court reporter fees; proof of service; motions for protective order; motions for sanctions; request for entry of default; request for court judgment; motion for attorney’s fees; motions to compel arbitration; motions to intervene; stipulation to stay proceedings and arbitrate; unlawful detainer actions; motions for reconsideration; motions to advance hearing; proposed orders; petition for first report and accounting; all pleadings related to Probate Court proceedings. Second chair at all hearings.

Estate Planning Transactions

Audited multi-million dollar trusts and performed subsequent accountings pursuant to Probate Code section 1060. Draft wills; trusts; subtrusts; trustee certificates; assignments of personal property; durable statutory power of attorney; California advanced health care directives; California statutory power of attorney; trust transfer deeds; promissory notes; affidavits of death; affidavits accepting the appointment of successor trustee; grant deeds; change in ownership statements; claims for reassessment exclusion under the tax code; preliminary change of ownership reports; transfer tax affidavits; assignment deeds; deeds of trust; joint tenancy deeds; joint letters of representation.

Real Estate Litigation Assistant

Draft all pleadings related to actions against property managers, contractors and real estate brokers involving professional negligence; breach of contract; breach of fiduciary duty, breach of the implied covenant of good faith and fair dealing; misrepresentation and fraud. Extensive experience drafting notice of pendency of action and motions to expunge lis pendens.

Real Estate Transactions

Review contracts for the purchase and sale of real property. Draft offers to purchase and sell real estate. Experience with the permit process and compliance issues involving the San Francisco Department of Building Inspectors, including becoming and/or remaining code compliant. Extensive experience retrieving public records at the San Francisco Recorder and Assessor’s office, and researching outstanding liens, tracking property ownership (personal, trustee, and corporate), property transfers, and tax obligations.

Discovery Assistant

Draft interrogatories; response to interrogatories; requests for admission; requests for production of documents; subpoenas; notice of deposition. Prepare and consolidate all submissions. Prepare and assist during all depositions (taking and defending).

Alternative Dispute Resolution Assistant

Draft arbitration briefs; tolling agreements; mediation briefs; settlement agreements; petitions to approve settlement. Experience with JAMS and ADR Services, Inc.

Landlord/Tenant Matters – Assistant

Draft commercial leases; residential leases; amendments to leases; TIC agreements; 30-day termination notice of commercial leases; 3 day notice to pay rent or quit; letters notifying tenants of lease violations; cease and desist letters; and all pleadings & discovery involved in unlawful detainer actions.

Administrative Experience

Ongoing client correspondence; maintain and foster client relationships; scheduling. Correspond with clients, opposing counsel, superior court clerks, probate referees, mediators, and arbitrators under supervision of senior attorney.

Law Offices of Lunas & Rampton: May 2007 – January 2008

Legal Intern

Represent clients facing removal at master calendar hearing. Draft research client eligibility for asylum, focusing on political and social persecution. Draft office memorandums for asylee spouse derivative benefits, ABA NACARA applicants, loss of status for victims of domestic abuse. Draft motions for deportation defense trial, research and memoranda draft on criminal immigration, asylum, naturalization, and removal issues.

U.C. Hastings College of the Law Library: Aug. 2002 - July 2005

Library Assistant II: Technical Services, Serials, and Documents Divisions

Responsibilities included exporting Library of Congress records in OCLC and catME, maintaining library holdings through the INNOPAC system, supervising law student employees, cataloging periodicals, law reviews, law journals, State and Federal codes, and loose leaf materials. Received, processed, and maintained Congressional Hearings, Federal Registers, Federal Code of Regulations.

Community and Volunteer Activities

Children United by Experience: 2006 – Present

My volunteer efforts promote cultural awareness and tolerance in children through the arts and global exchange programs. This nonprofit instills an appreciation for diverse cultures beyond their racial and national identity to create a more viable world community.

New England School of Law: Oct. 2005 – May 2006