Michael Patrick Mallery

Michael P. Mallery, Esq., is the founder of the Law Office of Michael P. Mallery. In addition, he is the Manager and General Counsel for Mercury TIC LLC, Eight N LLC and Origin Prime LLC (and related entities) providing legal guidance, management and oversight of those companies’ varied business interests.

In addition, Mallery is the President/CEO of Plains to Pacific Property Group, specializing in complex commercial real estate practice and property management. He directs and manages highly specialized teams of attorneys and consultants on multiple complex business projects.

 Prior to joining Plains to Pacific Property Group, Mallery was General Counsel for the family-owned Gerawan Farming, Inc., the nation’s largest grower of peaches, plums and nectarines, and one of Fresno County’s largest employers. In his role as General Counsel, which he held for over a decade, Mr. Mallery became renowned for directing a team of highly specialized labor and employment attorneys as they successfully fought through two decades of union abandonment of representation for the workers at Gerawan Farming. These precedent-setting cases carried impacts for workers all across the nation. Additionally, Mallery was the architect of the largest prime ag land conservation easement in California’s history. During this time, he successfully attained a 100-year gravel mining permit on agricultural land in this same area.

For 25 years Mallery was a civil litigator with the AV rated law firm Stammer, McKnight, Barnum and Bailey.  As a partner and the firm’s managing partner for a number of years, he handled a multitude of complex civil litigation matters.

Since 2015, Mallery has been recognized as a member of the Nation’s Top One Percent by the National Association of Distinguished Counsel (NADC). Members of the NADC are thoroughly vetted by a research team, selected by a blue-ribbon panel of attorneys, and approved by a Judicial Review Board. Only the top one percent of all attorneys in the United States are awarded membership in the NADC. In addition, Mallery is a selected member of the national organization “Lawyers of Distinction” and is a Preeminent AV rated attorney for Legal Ability and Ethical Standards by Martin Dale Hubbell, achieving the organization’s highest possible rating. Finally, Mallery has been recognized as a Thomas Reuters Superlawyer, whose selection process includes research, peer nomination, and peer selection.

Mallery earned his J. D. from McGeorge School of Law, University of the Pacific. As a selected member of the Law journal, he was published. Thereafter, he served as a Managing Editor. He earned his B.A. in History and Political Science from the University of California at Davis where he was published. He was an adjunct professor of law for 15 years at the San Joaquin College of Law, teaching “Civil Litigation and “Remedies”. He was named the Adjunct Professor of the year in 2004.

1984, California

Admitted to practice law in all courts of the State of California

Admitted to practice law in the United States District Court, Northern District

Admitted to practice law in the United States Court of Appeals for the Ninth Circuit

University of California at Davis, B.A., 1981 History and Political Science

McGeorge School of Law, University of the Pacific, J.D., 1984

1982-83 Comment Staff Writer Pacific Law Journal

1983-1984 Pacific Legal Foundation Clerk

1983-1984 Managing Editor Pacific Law Journal

1984 Admitted to practice law in all courts of the State of California
Admitted to practice law in the United States District Court, Northern District of California
Admitted to practice law in United States Court of Appeals for the Ninth Circuit

1984-1989 Stammer, McNight Barnum and Bailey Associate Attorney
1989-2008 Partner (Served 5 years as Managing Partner)

1991-2008 Adjunct Professor of Law, San Joaquin College of Law
Subjects: Civil Litigation and Remedies

Judge ProTem for Fresno County Superior Court, Juvenile Court

Early Case Evaluator/Mediator for the Federal District Court in Fresno

2008-2019 Present Gerawan Farming, Inc., General Counsel

2019-Present Law Office of Michael P. Mallery. General Counsel Mercury TIC LLC (and related entities)

Super Lawyers, Northern California, 2006

Super Lawyers, Northern California, 2008

Super Lawyers, Northern California 2009

Super Lawyers, Northern California 2010

Martindale-Hubbell AV 5.0 Peer Rating

Lawyers of Distinction

Top 100 Registry

Fresno County Bar Association

State Bar of California

Northern California Association of Defense Counsel (Director, 1998-2001)

Groundwater: A Call for a Comprehensive Management Program

Introduction—

Water is acknowledged as an invaluable resource. Groundwater is one particular supply source for water, which may be found in large quantities and in a wide range of areas throughout the state of California. Approximately forty percent of the applied water need of California is supplied from groundwater basins. The development of California was influenced by groundwater in a major way. Groundwater provided a readily available source of water to those who settled the state to take advantage of the many bounties of the state. This purified source of water provides for irrigation making possible the watering of stock and crops, as well as providing a source of drinking water for people. Thus, groundwater has played, and continues to play, an important role in the development and economy of California. In addition, during a drought year when surface water supplies have been depleted, groundwater can serve as an emergency source of water, avoiding the potentially disastrous effects on agriculture which a drought may bring. Therefore, groundwater is tremendously important to all Californians. In California, as well as in all the arid western states, groundwater is a limited resource. An illustration of the limited nature of groundwater is the condition of an overdrafted groundwater basin. This condition occurs because there is an insufficient supply of water. In California alone, long-term overdrafting averages 2.2 million acre feet annually.  There are forty-two groundwater basins in which some degree of overdraft has been found.  Eleven basins are subject to “critical overdraft”.’  The problem of overdraft is the most commonly recognized problem in groundwater management in California. To those who must continue to pump groundwater, overdrafting means much greater expenses.  Examples of the greater expenses are pumping water a greater distance, as well as, the expense of sinking deeper wells, lowering pumps, or drilling new wells. In addition to exhausting a groundwater supply, overdrafting may lead to saltwater intrusion into fresh water aquifers.’” Another problem is land subsidence, which results from dropping groundwater pressures in a confined aquifer, causing water to be squeezed out of the clay layers so that the layers compact. Finally, a complex array of water quality problems also exists in the area of groundwater management.  These problems include salinity, contamination, degradation, and pollution from various sources.

For complete piece, see Citation: 14 Pac. L. J. 1279 1982-1983

Gender and Juror Partiality: Are Women More Likely to Prejudge Guilt?

       by Edmond Constantini, Michael Mallery, Diane M.Yapundich

Citation: 67 Judicature 121 1983-1984

Introduction—

Empirical research has increasingly investigated juror partiality, particularly the relationship between social or demographic juror characteristics and juror propensity to render certain kinds of verdicts.  Such research tests, extends and occasionally corrects the assumptions, intuitions and experience-honed opinions applied by courtroom adversaries as they seek to perfect their use of peremptory challenges or otherwise attempt to protect the interest of those they represent.

While lawyers may express confidence in their ability to use background criteria to distinguish favorable from unfavorable venues members, there also appears to be “a high degree of disagreement” among them concerning specific background-juror behavior relationships.

For complete piece, see Citation: 14 Pac. L. J. 1279 1982-1983