PATRICK E. MICHELA practices in the area of general civil and business litigation.
Mr. Michela graduated from the University of California, Los Angeles in 1989 with a Bachelor of Arts degree in History. He received his Juris Doctor degree in 1994 from Pepperdine University School of Law. He was a Note and Comment Editor of the Pepperdine Law Review and is the author of You May Have Already Won… Telemarketing Fraud and the Need for a Federal Legislative Solution, 21 Pepp. L. Rev. 553 (1994). Mr. Michela was admitted to the California bar in 1994 and is also admitted to practice before the United States Court of Appeals for the Ninth Circuit, and the United States District Courts for the Central District of California and the District of Colorado. Mr. Michela was recognized as a Rising Star by Los Angeles Magazine in 2005 and 2006.
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.