Erik McLain has more than 26 years of experience in state and federal courts. His practice includes litigation with a focus on matters involving complex litigation disputes, casualty defense litigation, restaurant and hospitality litigation, as well as general liability disputes. Erik has personally conducted jury trials with amounts in controversy in excess of $25 million. Particular matters often include claims arising out of premises liability, negligence, property claims, auto and trucking catastrophic injuries, as well as habitability and property related claims on behalf of owners/landlords.
- Texton Construction v. Owner, Arbitration: Awarded over $400,000 plus attorneys’ fees on behalf of general contractor after two-week arbitration
- Sun Valley Oil v. General Petroleum: Reached favorable settlement for petroleum client in breach of royalties agreement case
- Pacific Auction Exchange v. Doe Insurance Co.: Secured settlement exceeding $350,000 in a life insurance coverage dispute
- Construction v. Titan Electric Corp., OC Superior – Jury Trial: First-chair defense in a six-month trial involving claims of breach, fraud, conspiracy, and conversion. Secured defense verdict; plaintiff demand exceeded $20 million.
- Lum-Air Mechanical v. Technical Building Services, OC Superior – Jury Trial: First-chair counsel; obtained unanimous 12–0 plaintiff verdict of $510,000 + attorneys’ fees and full defense verdict on cross-complaint
- Isaacson v. Casler, San Diego Superior – Jury Trial: Lead counsel for plaintiff in business and employment dispute. Achieved judgment for breach of fiduciary duty, recovery of investment income, and business dissolution
- Contreras v. City of Lemoore, USDC Central District – Jury Trial: Co-chair defense of police officer in wrongful death case; obtained full defense verdict after one-month trial
- Gomez. V. City of Whittier: 9th Circuit Court of Appeals – Appeal of Summary Judgment: Obtained Summary Judgment at Central District of California. Against 9 Plaintiffs alleging excessive force and false imprisonment. Conducted Appeal on behalf of City of Whittier and Judgment affirmed by 9th Circuit Court of Appeals
- Matt Hollywood v. STP Records: – USDC Central District- Copyright Litigation involving dispute over authorship and publishing rights against record label. Successful on all causes of action and obtained ownership rights
Admissions
- California
- New York
- U.S. District Court, Northern, Central, Eastern, and Southern Districts of California
- U.S. Court of Appeals, Ninth Circuit
Community Involvement
- Dana Point Youth Baseball (DPYB) – Head Baseball Coach 10 Seasons
- California Ocean Institute – Business Advisory Member
- Member Orange County Bar Association
- Association of Trial Lawyers of America (ATLA)
- American Bar Association
Education
- J.D., cum laude, Whittier Law School, 2001
- Member, Whittier Law Review
- B.S., Accounting, St. John’s University, 1998
- NCAA DIVISION 1 Athlete- Baseball