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David M. Gillen

Of Counsel

​Los Angeles

dgillen@mccuneharber.com

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David M. Gillen has over thirty years of experience in civil litigation, including trial and appellate work in both State and Federal Courts. Mr. Gillen’s experience includes real estate, professional liability, employment, public entity liability, finance and securities, intellectual property, class actions, corporate governance, business practices, insurance and trusts.
 

​Illustrative Professional Experience ​

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  • Defense verdict in favor of public university in trial involving bikeway and landscape design â€‹

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  • Dismissal in favor of real estate brokerage in trial involving alleged breach of lease â€‹

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  • Judgment in favor of financial institution in trial regarding mortgage loan â€‹

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  • Dismissal in favor of fire department based on alleged due process violations â€‹

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  • Dismissal in favor of financial institution sued for alleged malicious prosecution â€‹

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  • Summary judgment in favor of school district sued for alleged dangerous property condition â€‹

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  • Summary judgment in favor of insurance brokerage sued for alleged malpractice â€‹

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  • Obtained injunctions for homeowners associations based on violations of CC&Rs an association rules

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Significant Appellate Decisions 

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  • Hodge v. Home Depot U.S.A., Inc. (2019) 2019 WL 1055233 - Prevailed on appeal affirming dismissal of complaint based on third party negligence â€‹

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  • Farber v. Bay View Terrace Homeowners Ass'n. (2006) 141 Cal.App.4th 1007 - Prevailed on appeal concerning enforcement of CC&Rs after property sale

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Publications​

 

  1. Mechanic's Lien Abuse Thwarted:  Court Holds Contractor Must Prorate Lien​ Across Separate Interests, O.C. View, Community Associations Institute Orange County Regional Chapter,  Sep./Oct. 2008 Ed.

  2. ​Sharing Confidentialities on a "Need to Know" Basis:  The Attorney-Client Privilege and Internal Corporate Communications, O.C. View:  Jan./Feb 2008 Ed​

  3. Maintaining Confidentiality:  Internet Privacy Litigation -- with Roxanne M. Wilson, Esq. -- For The Defense (D.R.I.), Aug. 2001 Ed.​​

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Professional Activities

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Over 25 years as an arbitrator for the Los Angeles County Bar Association’s Attorney-Client Mediation and Arbitration Service

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​Certificated Mediator

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​Education 

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University of California, Los Angeles, B.A. (1986)

Loyola Law School, J.D. (1991)

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Admissions

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State Bar of California, (1991)

U.S. District Court, Central, Southern and Eastern Districts of California

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