Michelle McCliman

Michelle McCliman

Michelle M. McCliman has over 25 years’ experience as a litigation and trial attorney and is available as a mediator, arbitrator, neutral evaluator, and/or referee. Ms. McCliman’s career has spanned a wide range of legal areas from intellectual property, community associations, premises liability, catastrophic personal injuries, general business disputes, employment law, landlord-tenant disputes, and toxic torts.

ADR Experience and Qualifications

Ms. McCliman is a skilled trial attorney, but is able to resolve most cases before trial by working with neutrals and mediators to find common ground between the opposing parties. Ms. McCliman was particularly adept at settling cases with parties who were not entirely keen on seeking resolution.

During her career, Ms. McCliman handled litigation and trials (both jury and bench) involving diverse areas of practice:

Representative Matters

Business Commercial
  • Construction claims, construction defects, contractors and subcontractor claims
  • Written and oral contract claims
  • Business dissolution and petition claims
HOA/Common Interest Developments
  • Davis-Stirling Common Interest Development Act, Corporations Code
  • Claims involving breaches of recorded covenants, conditions and restrictions (CC&Rs)
  • Board of Director and Architectural Review Committee breach of fiduciary duty claims, corporate compliance, discrimination, nuisance, foreclosure, misrepresentation and fraud claims, enforcement of architectural guidelines, Federal and State Debt Collections Practices Acts as related to collection of HOA dues, fines and assessments, judgments and liens by HOAs
  • CC&R/bylaws/Governing document breach claims involving both homeowners and homeowners associations
  • HOA/Community Association compliance with balcony statute of the Davis-Stirling Act and claims involving Special Assessments in order to obtain compliance
  • Mixed use HOA/Community Association disputes among members and business owners, including voting rights and assessments and allocations of maintenance and repairs costs between same
  • Damages to common areas (including soils movement, landslides, subsidence and vegetation loss), including claims against third parties and claims to insurance carriers
  • Association maintenance easements to members and disputes over same
Labor and Employment/Wage and Hour
  • Employer and Employee claims involving discrimination, harassment, disability accommodations, retaliation, failure to engage in interactive process, adverse employment actions and wrongful termination
  • Wage and hour claims including overtime, meal and rest breaks, waiting time penalties, failure to engage in interactive process, personal use of electronic equipment for business purposes and use of personal vehicles for business purposes
Insurance
  • Bad faith and breach of contract claims
  • Coverage issues and tenders of defense
Personal Injury
  • Catastrophic injury, TBI and wrongful death claims
  • Auto and trucking accidents
  • Premises liability and dangerous condition claims
  • Toxic torts including lead, asbestos, silicosis, mold, and benzene
Real Estate/Real Property
  • Landlord/Tenant matters including habitability, disability accommodation and ADA, wrongful foreclosure and breach of contract
  • Easements and land use, quiet title claims
  • Neighbor to Neighbor and HOA disputes

Published Cases, Articles, Publications, and Speaking Engagements

Honors, Memberships and Professional Activities

Background and Education

Expert Services

Ms. McCliman is also available as a standard of care expert for common interest communities.