Patrick E. Michela • Partner

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

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

Representative Matters

Anti-SLAPP Motion Landowner Dispute

Represented landowner involved in a dispute with a neighboring sewage treatment plant regarding scope of easement to discharge treated effluent on landowner’s property.  Successfully brought “anti-SLAPP” motion against sewage treatment company on grounds that the sewage treatment company was attempting to infringe on landowner’s first amendment rights of free speech and petition. Sewage treatment company has appealed and the appeal has been fully briefed. The parties are currently awaiting oral argument.


Appeal of Decision Finding Labor Statutes Unconstitutional

Represented joint labor-management committee in appeal of trial court decision holding sections 1771.2 and 1776(e) of the Labor Code unconstitutional on due process grounds.  Appeal stayed as a result of defendant’s bankruptcy.


Breach of Royalty Agreement with Banking Software

Obtained summary judgment on behalf of defendant accused of breaching royalty agreement in connection with licensing of computer “flow charts” underlying regulatory banking software.  Decision upheld by United States Court of Appeals for the Ninth Circuit.


Damage Claims of Railroad Easement

On behalf of large interstate railroad, obtained summary adjudication of all damage claims asserted against railroad in action involving viability of railroad easement.  Railroad eventually obtained judgment in its favor on all remaining claims at trial.  Judgment upheld by California Court of Appeal.


Restraining Order and Injunction of Property Dispute

Obtained temporary restraining order and preliminary injunction blocking trustee’s sale of residential property in dispute between two mortgage lenders involving proper lien priorities in title to property.


Joint Labor-Management Failed Wage Pay

Successfully defended claim for nearly $90,000 in attorneys’ fees in action by joint labor-management committee alleging that contractor failed to pay prevailing wages on public works projects.