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  Friday, February 22, 2019  
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The following caselaw summaries are provided as a courtesy to Los Angeles County Bar Association members by the Metropolitan News-Enterprise www.metnews.com. Summaries from the past 90 days are archived and searchable on the LACBA Web site at www.lacba.org/news-and-publications/daily-ebriefs.
NINTH U.S. CIRCUIT COURT OF APPEALS
Order
Dai v. Barr - filed Feb. 22, 2019
Cite as 2019 S.O.S. 15-70776
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CALIFORNIA COURT OF APPEAL
Civil Procedure
Associational standing is not necessarily lacking if the participation of any association member is required for adjudication of a claim. Given the nature of an unconscionability determination–particularly the focus on the circumstances of the contract's formation and sliding scale approach–in most cases it will be difficult, if not impossible, for an association to establish its members' contracts are unconscionable without individualized proof and the participation of each member.

United Farmers Agents Association v. Farmers Group - filed Feb. 22, 2019, Second District, Div. Eight
Cite as 2019 S.O.S. 835
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Civil Procedure
Voter apathy is not a prerequisite to an order authorizing relief under Civil Code Sec. 4275.

Orchard Estate Homes v. Orchard Homeowners Alliance - filed Jan. 29, 2019, publication ordered Feb. 22, 2019, Fourth District, Div. Two
Cite as 2019 S.O.S. 842
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Civil Procedure
A lawsuit is not a SLAPP if it includes protected activity, but that protected activity was only incidental to the thrust of the complaint.

Richmond Compassionate Care Collective v. 75 Stars Holistic Foundation - filed Jan. 29, 2019, publication ordered Feb. 21, 2019, First District, Div. Two
Cite as 2019 S.O.S. 845
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Criminal Law and Procedure
Penal Code Sec. 654 does not preclude the imposition of punishment on a defendant for human trafficking in addition to punishment for conspiracy to commit human trafficking when the objective of defendant's conspiracy was not limited to just the commission of human trafficking.

People v. Beman - filed Feb. 21, 2019, First District, Div. Two
Cite as 2019 S.O.S. 850
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Torts
The plain language of the Elder Abuse Act authorizes a trial court to issue a restraining order against any individual who has engaged in abusive conduct, as defined by statute, toward a person age 65 or older regardless of the relationship between the alleged abuser and victim.

Darrin v. Miller - filed Jan. 28, 2019, publication ordered Feb. 21, 2019, First District, Div. Two
Cite as 2019 S.O.S. 853
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LACBA Celebrates Over 140 Years of Service to the Los Angeles Legal Community and Recognizes Past and Present Bar Leaders in Honor of Black History Month

Byron J. McLain   Byron J. McLain
Byron J. McLain currently is a partner and litigation lawyer with Foley & Lardner LLP.  He is a member of the firm’s Government Enforcement Defense & Investigations Practice.  He specializes in white collar criminal defense, internal investigations, and general health care litigation.

From 2012 to 2018, Mr. McLain was an experienced federal prosecutor at the United States Attorney’s Office in Los Angeles.  He was a Deputy Chief in the General Crimes section in the office, where he supervised over 50 junior Assistant United States Attorneys.  Mr. McLain also was assigned to the Major Frauds section, where he specifically served as the Healthcare Fraud Coordinator for the office.  Mr. McLain specialized in prosecuting cases involving health care fraud, movie investment fraud, tax fraud, mortgage fraud, and securities fraud among other areas.

Mr. McLain graduated from Harvard College in 2000 and Harvard Law School in 2007.  He worked at Skadden Arps from 2007 to 2012 before joining the U.S. Attorney’s Office.

 
 
 
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