Michael E Vinding

Lead counsel providing legal advice concerning litigation and litigation avoidance to HOA’s throughout California.  Representations include small (4 member non-Davis Stirling HOA) to large (1,000+ member HOA) as well as Commercial CIDs on issues related to enforcement of covenants, conditions and restrictions (CC&Rs), interpretation of CC&Rs, reserves, cost centers, sale of common area, land-use, multi-party litigation as well as mediations, arbitrations and trials. 

Presently representing approximately 50+ HOA’s throughout Northern and Central California, including resorts/condo-hotels. Current litigation experience includes: nuisance action against HOA member for failure to maintain residence, breach of CC&Rs, temporary restraining order to remove vicious animal, temporary restraining order to remove violent individual from HOA, as well as CC&R enforcement for a wide range of issues such as failing to obtain architectural review committee (ARC) approval, modifications beyond approval boundaries, levying improper assessments and failing to pay assessments. 

Representative clients include Seascape Resort Owners Association, Community Association Management Services, Inc., The Helsing Group, Inc., The Management Alternative, Homeowner Association Services, Oak Valley Community Bank, CID Consortium and numerous HOAs. 

Successfully argued Coley v. Eskaton (2020) 51 Cal.App.5th 943: Lead trial counsel, lead appellate counsel, lead class-action counsel: Successfully argued for the expansion of California law for direct (personal) liability for volunteer non-profit board members who receive an undisclosed pecuniary benefit at the expense of HOA members resulting in the waiver of the business judgment rule

Dozens of representations of businesses, such as HOA’s, construction companies, solid waste facilities, automobile recycling facilities, fresh and salt water marinas, and green waste facilities following receipt of a “60 Day letter” initiating legal action.  Defense provided against actions filed by California River Watch, California Sportfishing Protection Alliance (CSPA), Lawyers for Clean Water and other environmental groups. Successfully negotiated dismissal of Clean Water Act matter without payment of funds to California River Watch by demonstrating no industrial activity took place outside of a covered area as well as successfully arguing the attorneys’ fee rate sought by CSPA attorneys was unreasonable resulting in a reduction of fees paid by client.  Representative clients include Raymond Vineyards, Rombauer Vineyards, Opus One Winery, Iron Horse Winery, Old Durham Wood, Clover Flat Landfill/Upper Valley Disposal and Recycling, Baldwin Construction, Knife River Construction, Almar Marina, EcoTech, Cycle Gear/Revzilla, Bell Marine, Burris Insurance, Petrovich Development, Pleasanton Garbage, Porter Sprauge Automotive, California Refuse Council, All Hyundai, Keefe Kaplan Maritime, Inc., Davis Waste, Marin Sanitary, Otto Construction, Shasta Lake Resorts, Pleasure Resorts, Village West Marina and Zanker Road Resource Management. 

Numerous CEQA/NEPA/Clean Air Act cases as both petitioner and respondent. Utilized environmental law expertise to delay the construction of a proposed Indian Gaming Casino resulting in $200+ million settlement, the largest in the country, for the County of El Dorado.

Representations also include public entities in environmental clean up projects such as the Union Pacific rail yard in Yuba City and the Jamestown Mine in Tuolumne County.

Lead counsel to several corporations on contractual interpretation and litigation issues.  Representative clients include Bottoms Up Beer/GrinOn Industries, Pulte Homes, Lehigh/Hanson, DeSilva Gates Construction, County of Tuolumne, County of El Dorado, Los Rios Community College District, Napa County Land Trust, County of Mendocino, Fireman’s Fund Insurance Company/Allianz SE Company, Patterson Vegetable Company/Woolf Farming and Processing , Harris and Associates, Pamela’s Products and Wildlife Heritage Foundation.

Lead counsel to several corporations and private parties regarding road dedications, boundary disputes, condemnation/inverse condemnation, quiet title, slander of title, easements, conservation easements and other land use issues. Representative clients include Rombauer Vineyards, California Olive, Seascape Resort, Wildlife Heritage Foundation, Napa County Land Trust, and MDU Resources/Knife River Construction.

Lead or co-counsel providing legal advice concerning land acquisition and/or Indian gaming by to the following public entities: East Bay Regional Park District/City of Alameda, City of Plymouth, City of Richmond, City of Poway, City of Yreka, County of Yuba, County of Tuolumne, County of Amador, and City of Yreka.  Along with his partner, Michael helped negotiate the largest settlement with an Indian tribe of nearly a quarter of a billion dollars. 

Lead counsel providing legal advice to private entities/persons regarding contracts and/or litigation with the Graton Rancheria’s Rohnert Park Casino, Rohnerville Band, Coyote Valley Band of Pomo Indians, Round Valley Indian Tribes, Robinson Rancheria Casino, Ione Band of Miwok Indians, Bear River Band of Rohnerville Rancheria, Agua Caliente Band of Cahuilla Indians and several other confidential clients.

Lead counsel in providing legal advice to several Indian tribes, including the Coyote Valley Band of Pomo Indians, Nevada City Rancheria of Nisenan Indians, the Bishop Paiute Tribe and Tribal Court, regarding various matters. 

Appointed by California Superior Courts to represent the Court’s Receiver in numerous counties throughout California.  Reported directly to judges in order to provide unbiased analysis regarding transactions, real property and business dissolutions, assisting in a gamut of business and real estate-focused cases, and as counsel to an independent fiduciary to administer estates.

Represented various public entities/police organizations including California Department of Corrections, Tuolumne County Sheriff’s Department, Sacramento County Sheriff’s Department and others. 

Successfully argued Jeffers v. Gomez 267 F.3d 895 (9th Cir. 2001) in the United States Courts for the Ninth Circuit recognizing the application of qualified immunity in the context of the largest prison riot in Folsom Prison’s history. 

Successfully argued Conway v. County of Tuolumne 231 Cal.App.4th 1005 (2014), the first published case in California regarding immunity from liability based upon the use of tear gas defeating claims of use of deadly force, strict liability/inherently dangerous activity and rendering residences uninhabitable.  

Indian Gaming Seminar: Nuts and Bolts. Wrote and directed seminars to provide guidance to public officials regarding history of gaming in California and legal strategies for opposing or working with casinos and developers.  Approved by State Bar as instructor for Continuing Legal Education credits.

Indian Gaming Taxation and Sovereign Immunity. Wrote and directed seminars to provide guidance to the North California Appraisers Association and the County El Dorado Assessors’ and County Counsel’s offices. Approved by State Bar as instructor for Continuing Legal Education and Continuing Assessor Education credits. 

CEQA/NEPA: A Guide for County Supervisors and County Counsel. Wrote and directed seminars to provide guidance to public officials regarding duties under the California Environmental Quality Act.  Approved by State Bar as instructor for Continuing Legal Education credits. 

Litigation and Land Trust: Developing trends.  Wrote and directed seminars to provide guidance to the various land trusts and developers.  Developed a sub-specialty in the legal cross-roads of extinguishment of easements due to lack of priority in recordation due to subordination of rights as it relates to continued validity of federal environmental approvals (e.g., 404 permits, Fish & Wildlife consultations, etc.). 

Featured Speaker: Providing detailed instruction to new board members after yearly elections in order to comply with the fiduciary duties imposed at law and by the Davis Stirling Act; Marine Recreation Association’s annual meetings for the years 2013-2017 on various topics including: Federal Clean Water Act, New NPDES/WDR Applications and Processes/Permits and Section 404 Liability and “Liability and Profit in the New Sharing Economy,” Americans With Disabilities Act.  

Representing Your Client in Federal Court, NBI, Inc. Wrote and directed Federal Trials: What You Didn’t Learn in Law School.  A seminar for new and seasoned attorneys seeking to improve skills on trial preparation and presentation in federal courts. 

An Oral History of the United States v. Lynnette Alice “Squeaky” Fromme, Eastern District Historical Society. Co-wrote, produced and directed a panel discussion, broadcast on C-SPANN of the key investigation, prosecution and defense Fromme following the attempted assassination of President Ford on September 5, 1975, near Capitol Park, Sacramento, California. 

The Investigation, Trial and Aftermath of Unabomber Theodore Kaczynski, Eastern District Historical Society. Co-wrote, produced and directed a panel discussion, broadcast on C-SPANN of the key investigation, prosecution and defense participants to the manhunt, capture and prosecution of the infamous Unabomber. 

The Roseville Bomb Cases: The Most Famous Unknown Trials, Eastern District Historical Society. Co-wrote, produced and directed a panel discussion, including the chief investigator, court staff and legal counsel, regarding the 187 day trial of the April 28, 1973 explosion of thousands of 250 lb. MK-81 Tritonal (TNT/aluminum) bombs destined for Vietnam, which had become dangerously hot and started a chain reaction of explosions.

The 50th Anniversary of the United States District Court, Eastern District of California, Eastern District Historical Society. Produced, arranged and coordinated a panel discussion between the Honorable Justice Anthony M. Kennedy and the Honorable Williams B. Shubb in conjunction with the Sacramento Chapter of the Federal Bar Association.

Admitted to practice in all state and federal courts in California (1995), Oregon (1998) and Washington (2013) and Hawaii (2021) as well as the Ninth Circuit Court of Appeals (1998) and the United States Supreme Court (2016). 

Past State Bar Delegate for California and Oregon.  Member of the California State Bar Environmental Section, Sacramento County Bar Association, as well as past-chair of the Sacramento County Bar Association Attorney Referral Service, past member of the Sacramento County Bar Association Long Range/Rules/ Planning Committee, past member of the Sacramento County Bar Association Civil Procedure Committee, past member of California State Bar Federal Courts Committee, California State Bar Jury Instructions Committee and Sacramento County Bar Association Civil Procedure Committee.  Appointed by Mayor Joe Serna, Sr., to City of Sacramento Civil Rights Commissions.  

Current President and past Secretary/Programs Chair for the United States District Court for the Eastern District of California Historical Society. Delegate and former Chair to the Judicial Advisory Committee for the United States District Court for the Eastern District of California, past Chair of the Judicial Advisory Committee and immediate past Secretary. 

Frequent speaker for the Marina Recreation Association as well as current Board Member. Continuing Legal Education speaker for courses regarding the Federal Clean Water Act, the California Environmental Quality Act, Indian Gaming, Williamson Act, Excessive Use of Force (42 USC §1983), California Land Trust’s Land Conservation Conference and the Davis-Stirling Act. Guest speakerships at McGeorge School of Law and McClatchy High School. 

2018 Joe Ramsey Award Recipient for Attorney of the Year by U.S. District Court for the Eastern District of California.  Member of the Anthony M. Kennedy Inn of Court.  

Volunteer for the Eastern District’s Voluntary Dispute Resolution Program and pro bono appointments; volunteer pro tem settlement conference judge/mediator/arbitrator for Sacramento County Superior Court, Placer County Superior Court and El Dorado County Superior Court. 

Recipient of the Night to Honor Service Award from the Eastern District 2013-present. 

Pro Tem for Sacramento County and El Dorado County Superior Courts. 

Elected to the Crocker-Riverside Elementary School Site Council (Educ. Code § 52850) 2014-2016.  

Sacramento Magazine Attorney of the Year for 2017, 2018, 2019 and 2020 in Business Litigation and Environmental Law. 

Founding member of the Land Park Schools Foundation and current Board Member.