Michael K. Collins • Partner

One California Plaza
300 South Grand Avenue, 37th Floor
Los Angeles, CA 90071

(213) 620-0460 [General]
(213) 624-4840 [Fax]  

Representative Matters

Writ of Mandate Petition in Supreme Court Determination

Handled writ of mandate petition that resulted in Supreme Court determination, as matter of first impression, that settlement agreements must be signed by the parties, not just by the lawyers, to be summarily enforceable under Code of Civil Procedure §664.6.


Residential Developer condominium HOA Fraud

Defended a large residential developer in an action by the condominium HOA and owners attacking the CC&Rs and alleging fraud in the sale of units and many claims for equitable relief.  Was sole attorney in the 10 week trial in Indio, which resulted in a judgment for the developer.


Pharmaceutical Sales and Taxes

Represented pharmaceutical manufacturer in successful trial to obtain refund of sales and use taxes from State of California, then briefed and argued appeal affirming the judgment based on new interpretation of statutory definition of “medicine”.


Law Firm in Malicious Prosecution on SLAPPback

Defended two well-known Southern California law firms against charges of malicious prosecution, obtaining dismissal of action based on successful SLAPPback motion and successfully defended the judgment on appeal, resulting in opinion confirming that the clients had probable cause to bring the underlying action.


Foreclosure Action Lapsed Claim

Persuaded the Court of Appeal to overrule a well established 15-year old precedent to find that that the voluntary release of a lapsed claim of mechanic’s lien does not preclude the claimant from filing a foreclosure action based on a new claim for the same work.


Contractor/Property Owner Contract Breach

Defended a general contractor in an arbitration against a property owner charging breach of contract, fraud, construction defects and bodily injury.  Defeated claims exceeding $4 million and limited contractor’s liability to $60,000.


Business Owner/Operator Class Action

Defended major golf course owner/operator sued in a certified class action by current and former home owners and country club members seeking damages of over $40 million for allegedly void transfer fees arising from easement provisions in recorded CC&Rs.  Was sole counsel for defendant at trial which resulted in judgment for defendant and was sole attorney for respondent on appeal which affirmed the judgment for the golf course owner.


Class Action Discovery New Laws

Handled trial court and appellate proceedings that made new law in the areas of class action discovery.


Defended Lawfirm with Anti-SLAPP Motion

In July, 2010, defended prominent Los Angeles law firm in action for legal malpractice, breach of fiduciary duty and conflict of interest.  Won an anti-SLAPP motion which resulted in dismissal of the case and received an attorney fee award against plaintiffs.


Bifurcated Divorce Exception

Established as a matter of first impression that precedent that permits “bifurcated divorce,” allowing dissolution of marriage before division of community property, as an exception to the one judgment rule.  Sole appellate counsel on appeal determining as matter of first impression that a plaintiff’s voluntary dismissal of an action for economic reasons does not constitute the favorable termination necessary to support a claim of malicious prosecution.