Michael L. Schack

Partner

Michael-L.-Schack

Michael L. Schack

Phone: (714) 698-0601, ext. 102
Fax: (714) 698-0608
Email: michaels@plagerschack.com

Mr. Schack formerly served as Senior Vice-President and General Counsel to a conglomerate of national leading companies in the industry of real estate auctions and homesite sales. Mr. Schack established more than 20 subdivision entities and merger of subsidiary entities into parent entities, negotiated Loan Facilities totaling in excess of $200 Million and interacted with Lenders on Loan Management; was responsible for Oversight of Regulatory Issues, including compliance with Interstate Land Sales Full Disclosure Act, Truth- In-Lending Act, RESPA, and other Federal and State statutory and regulatory requirements involving real estate sales, financing and marketing; prepared Finance, Transactional, and Consumer Documents and Contracts; established and managed the companies’ Internal Consumer Bankruptcy System; and had Oversight of Litigation and Management of Outside Counsel (including handling of in-house litigation work, intellectual property, human resources, and insurance matters).

While in private practice Mr. Schack served as Judge Pro Tem in Orange County and Los Angeles Superior and Municipal Courts, Traffic Court, Small Claims Court, Small Claims Appeals and Mandatory Settlement Conferences.

Legal Areas of Emphasis

Business

Real Estate

Finance

Regulatory Compliance

Creditors Rights

Receivables

Loan Servicing

Litigation

Admissions & Qualifications

  • Admitted to the New York and California Bars
  • U.S. District Courts
    • Central, Southern, Eastern and Northern Districts of California
    • Southern and Eastern Districts of New York
  • U.S. Court of Appeals for the Ninth Circuit

Professional Memberships & Affilations

  • Orange County Bar Association, Business Litigation Section
  • Orange County Bar Association-Administration of Justice Committee (1997-2000, 2003)
  • Delegate to the California State Bar Conference of Delegates (2001-2005)
  • Group Chairman, Orange County Bar Association-Resolutions Committee (2003-2005)
  • National Land Council
  • Association of Corporate Counsel

Representative Clients

  • Vulcan Materials, Inc.
  • National Recreational Properties
  • LandAuction.com
  • Real Estate Disposition Corp.
  • Obesity Research Institute, LLC
  • Continuity Products, LLC
  • National Recreational Properties, Inc.
  • Touchstone Communications, Inc.

Representative Actions

Alan Solomon vs. Jake Vandersluis
Orange County Superior Court Case Number 02CC06645
Court trial in action conversion and claim and delivery (among other claims) relating to Client- Plaintiff’s 1956 Ford Thunderbird taken to Defendant for restoration and never returned. Judgment for Client for $71,000.00 plus punitive damages of $50,000.00.

The Bailey Group vs. Lantel Enterprises
San Bernardino Superior Court Case Number VCVVS 019191
California Court of Appeals, Fourth District, Division Two Case Number E027663 Appellee obtained a judgment against Client. Long after the time passed to set aside judgment, Client contacted my office and we filed an action to Set Aside the Judgment as being void. Appellee prevailed on demurrer. Client appealed and the Court of Appeals reversed and remanded the matter holding that the judgment was substantially void.

Luis and Nancy Bueno Mendez vs. Rainbow Steel, Inc., Craig Swanson, Pagano Construction
Orange County Superior Court Case Number 01CC08913
Personal injury case/insurance defense matter in which an employee of Pagano fell from the Swanson’s third story window. Extensive discovery was conducted and several parties, including Pagano filed motions for summary judgment, following which the case was settled.

Stanley A. Knapik vs. United Family Associates, Inc.
Orange County Superior Court Case Number 693409
Fifteen (15) day jury trial in which Plaintiff asserted claim of constructive wrongful termination.

Angie Yu v. Malvern Creek Homeowners Association
Orange County Superior Court Case Number 78 17 62
Plaintiff sued Client on claim that water was intruding into a condominium unit bought from Client. Successfully defeated all claims (including fraud) on summary judgment.

Publications & Presentations

How To Evict A Tenant, A Landlord’s Guide

15th Edition (1999)

Education

Southwestern University School of Law

State University of Arts and Science, Potsdam, New York