Marc L. Shea
San Jose, California
phone (408) 298-6611
fax (408) 275-0814
Areas of Practice:
Trial Work
Collections/Enforcement of Judgments
Business Litigation
Transactional
General Counseling
Wills and Trusts
Probate
Marc L. Shea graduated from the University of California, Hastings College of the Law, in 1979. He was formerly associated with Law Offices of Lester G. Sachs, where he practiced general civil law, with an emphasis in mechanics lien law (1979-1982) and then as a partner with Popelka, Allard, McCowan & Jones (“PAMJ”) and Popelka, Allard, McCowan & Bondonno (“PAMB”) (1982 to 2006). Shea & McIntyre is the successor firm to PAMB.
During his legal career, Mr. Shea has represented businesses and individuals, providing general litigation services (in the state and federal courts) and legal counseling and transactional services, emphasizing business, real property, and estate matters. Mr. Shea has tried to judgment no fewer than 35 cases, including 9 jury trials. Reported cases where Mr. Shea represented the prevailing party have included:
- Agam v Gavra (2015) 236 Cal.App. 4th 91 (client wins partnership dispute; reported case affirms legal point regarding proof of damages [once reliance damages shown, the party in breach bears a burden of showing plaintiff would not have recouped reliance expenditures in the absence of a breach]);
- State Department of Taxation v Kawahara (2015) 131 Nev. Adv. Op., 351 P.3rd 756 (client recovers loan; reported case affirms legal point that an unrecorded mortgage lien has priority over subsequent recorded tax lien);
- In re Paul Duncan Gillespie, Debtor (Bechtold v Gillespie) (2014) 516 B.R. 586 (client’s right to fees from bankrupt debtor recognized; reported case affirms legal point that a debtor who returns to fray of state court litigation is liable for creditor’s post-petition costs of suit, including attorney’s fees).
- ATS v Champion Fiberglass, Inc., USDC N.D. CA Case CV-13-02403 SI, 2013 WL 6086924, which is discussed in Jager, Trade Secret Law, at § 5:8 [complaint stated action for misappropriation of trade secret by improper acquisition]).
Mr. Shea has been a member of the Santa Clara Bar Association since 1980. He has served on the Business Litigation Executive Committee, and was its chairman in 2007 and 2008, and co-chairman in 2009.
Mr. Shea has presented (or joined in the presentation of) seminars on a number of topics, including Santa Clara Bar Association programs titled, Alter Ego Liability for Trial and Business Lawyers, and Costs, Fees, and Statutory Offers.
Mr. Shea has held a Martindale and Hubbell AV rating (its highest rating) for many years.
Litigation Percentage:
70% of Practice Devoted to Litigation
Bar Admissions:
California, 1979
U.S. Federal Court, 1979
Education:
University of California, Hastings College of the Law, San Francisco, California, 1979
J.D.
University of the Pacific, Stockton, California, 1974
B.A.
Honors: With Honors
Honors and Awards:
AV Rated by Martindale Hubbell
“Marc Shea has been a great help in resolving our legal issues. With professional integrity, Mr Shea helped brothers come to a settlement without costly litigation fees. We will gladly call on Mr Shea, in the future, if we have any legal concerns.
Respectfully,
Ken & Pam Karakas“