Photo of Anna S. McLean

Anna S. McLean

Partner
San Francisco
T: 415.774.3154
F: 415.403.6223

Industries

Education

  • J.D., UCLA School of Law, 1989, UCLA Law Review
  • B.A., University of California, Berkeley, 1984, with high distinction
  • California
Overview
Experience
Publications & News
Memberships

Ms. McLean is a partner in the Business Trial practice group in the firm's San Francisco office.

Areas of Practice

Ms. McLean’s practice focuses on the defense of complex class actions, with particular emphasis on consumer finance and product liability. She represents auto finance companies and other financial institutions, insurance companies, and other providers of consumer products and services with regard to alleged unfair business practices, consumer disclosure issues, and mortgage and auto lending claims. She also represents major manufacturers in the tobacco, building products, and chemicals industries in multistate class actions and public entity cost-recovery litigation.

Recently, she has litigated issues at the vanguard of California law on the enforcement of consumer arbitration clauses containing class action waivers, e.g., Arguelles-Romero v. Superior Court, 184 Cal. App. 4th 825 (2010) (finding arbitration clause with class action waiver not unconscionable) and Smith v. AmeriCredit, 2009 U.S. Dist. LEXIS 115767 (S.D. Cal.) (granting motion to compel arbitration and dismissing action).

Ms. McLean represents Toyota Financial Services and Toyota Motor Credit Corporation in class actions nationwide. She won the dismissal of all TFS entities from federal multidistrict litigation arising out of the 2010 product recalls. In re Toyota Motor Corp. Unintended Acceleration Marketing, Sales Practices, and Products Liability Litigation, 785 F. Supp. 2d 883, 904 (C.D. Cal. 2011).  In 2013 alone, she secured the dismissal of three class actions against TFS entities, settled two on a single-plaintiff basis, and settled one with no payment by TFS.

Representative engagements defending:

  • Major auto finance companies in consumer class actions challenging financing and leasing issues, including Toyota Financial Services, GM Financial, Nissan Motor Acceptance Corporation, Consumer Portfolio Services, and Santander Consumer USA, among others. E.g. In re Toyota Motor Corp. Unintended Acceleration Marketing, Sales Practices, and Products Liability Litigation, 785 F. Supp. 2d 883, 904 (C.D. Cal. 2011) (granting motion to dismiss with prejudice); AmeriCredit Financial Services, Inc. (now GM Financial), including Bankston v. AmeriCredit, 2011 WL 89730 (N.D. Cal.) (granting dismissal for lack of standing); Wright v AmeriCredit, 2010 WL 5058345 (S.D. Cal.) (upholding validity of notice and dismissing action); Arguelles-Romero v. Superior Court, 184 Cal. App. 4th 825 (2010) (finding arbitration clause with class action waiver not unconscionable); and Smith v. AmeriCredit, 2009 U.S. Dist. LEXIS 115767 (S.D. Cal.) (granting motion to compel arbitration and dismissing action).
  • Major banks, insurers, and consumer finance companies in class actions in state and federal courts challenging force-placed insurance on automobile and home loans, including Wahl v. American Security Ins. Co., 2008 WL 2444802 (N.D.Cal.).
  • Philip Morris USA in multiple class actions alleging products liability, unfair competition and consumer disclosure claims, including Sanders v. Lockyer, 365 F.Supp.2d 1093 (N.D. Cal. 2005).
  • Major car rental companies in multiple state and federal class actions challenging fees, pass-throughs, and refueling charges. Defeated class certification or prevailed on dispositive motion in four recent cases, including Guerra v. Hertz, 504 F. Supp. 2d 1014 (D. Nev. 2007).
  • Milgard Windows in California putative class action seeking recovery for damages to single-family homes and other properties caused by allegedly defective aluminum windows and doors. Defeated class certification.
  • Masco Corporation and Behr Process Corporation in putative state and nationwide class actions filed in eight states alleging that exterior wood coatings fail to retard mildew growth and ultraviolet light degradation.
  • Johns Manville Corporation in product liability, breach of fiduciary duty and RICO actions concerning roof insulation.

Articles

Articles and Presentations

  • American Bar Association
  • State Bar of California
  • Bar Association of San Francisco
  • Association of Business Trial Lawyers