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Michelle M. McCliman

Local Office Managing Partner

CA – Irvine
T: 949.441.4101 | F: 949.818.7474

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Michelle focuses her practice on trials and litigation in the areas of community associations and employment matters. She also handles intellectual property cases involving trade secrets, copyrights and trademarks, as well as business torts such as unfair competition. Further, Michelle represents clients in high profile or high exposure personal injury claims including wrongful death, traumatic brain injuries and others, in addition to toxic torts, landlord/tenant disputes and products liability matters.

Michelle is a trained mediator and has experience as an expert witness, especially in the community association standard of care realm. She represents clients ranging from large corporations to small businesses, and community associations, community association property managers and individuals.

Practices

Business Commercial

  • Disputes between contractors and subcontractors
  • Claims involving oral and written contracts disputes
  • Litigation involving proper jurisdiction, real parties in interest, and venue

Common Interest Developments

  • Claims of violations of the Davis-Stirling Common Interest Development Act and challenges to special assessments necessitated by the recently-enacted balcony statute
  • Claims of violations of the California Corporations Code
  • Claims of violations of the recorded covenants, conditions and restrictions (CC&Rs) and breach of CC&Rs against homeowners and homeowners associations, and between business owners and homeowners in a mixed-use association
  • Claims of breach of fiduciary duty by associations and corporate directors involving corporate governance, foreclosure, architectural guidelines enforcement, nuisance, discrimination, violations of the Federal and State Debt Collections Practices Acts
  • Claims against corporate directors for misrepresentation/fraud
  • Claims against third parties for negligent damage to common area
  • Allegations of fraud against developer for failure to assign telecommunications license benefits to association
  • Disputes over an association’s conveyance of common area to an owner and/or changing the nature of the common area
  • Disputes over voting rights and assessment allocations in mixed commercial/residential developments

Employment | Wage and Hour

  • Wrongful termination based on discrimination and retaliation
  • Failure to pay overtime wages
  • Employees to work off the clock requirements
  • Failure to provide rest and meal breaks
  • Failure to provide an accommodation
  • Failure to participate in interactive processes
  • Failure to pay earned income

Intellectual Property

  • Matters involving preparing, negotiating or litigating license agreements
  • Trade Secret infringement litigation and trials
  • Copyright infringement litigation and settlement negotiations
  • Trademark infringement litigation and trials
  • Patent infringement litigation and trials
  • Counseling clients regarding protection of their intellectual property

Insurance

  • Claims against liability insurance carriers for breach of contract and bad faith
  • Claims against property insurance carrier for failure to cover losses (Northridge earthquake)

Personal Injury

  • Wrongful death claims involving passenger vehicle collisions on public highway
  • Commercial vehicle and private automobile accidents resulting in claims for personal injury and wrongful death
  • Premises liability claims against supermarkets, hotels and other commercial properties
  • Claims against landlords and property managers for exposure to mold, lead, asbestos and varieties of other chemical sensitivities

Real Property