In Benson v. Southern California Auto Sales, Inc., Case No. G050484, the Court of Appeal held a car dealer’s offer of rescission, $2,500 in attorney’s fees and a requirement that plaintiff release all other claims was “appropriate” and sufficient to cutoff a plaintiff’s ability to recover damages or attorney’s fees. (The court indicated this ruling would not necessarily apply to a claim seeking injunctive relief.) In this brave new post-Benson world not only can car dealers insist with confidence that a plaintiff release all claims as part of the settlement of a CLRA demand but can point to this written legal opinion quantifying $2,500 as reasonable amount for attorney’s fees incurred in pursuing a CLRA claim. This quantification of reasonable attorney’s fees should provide especially welcome relief from the previously plaintiff favorable climate where plaintiff’s attorneys routinely demanded upwards of $15,000 in attorney’s fees when negotiating settlement of CLRA claims before a complaint was even filed.
The Scali Law Firm is pleased to announce that Dominique Nasr has been selected for inclusion in the list of Top Women Attorneys in Southern California for 2015. The September 2015 issue of Los Angeles Magazine, which recognizes Southern California’s top women attorneys, has featured Ms. Nasr in the Labor & Employment division.
Lyft, Uber, Sidecar and other such “rideshare companies” are undoubtedly changing the automotive industry. The state of California and many of its cities have embraced rideshare companies to varying degrees with new regulations. But lawmakers have not adjusted vehicle sales and finance laws to accommodate this new business model. And rideshare companies continue to innovate, most recently by establishing programs to sell or lease vehicles to their drivers through franchised auto dealerships. These programs raise several difficult legal issues for dealers who desire to participate in these programs to increase their sales performance or revenues.
Will you need to give your exempt employees a raise?
Published on Mon, 09/28/2015 - 7:14pm
This summer, the Department of Labor (“DOL”) released proposed amendments to the “white collar” exemption standards under the federal Fair Labor Standards Act (“FLSA”). The white collar exemptions from the FLSA overtime requirements include the executive, administrative and professional classifications. A 60-day public comment period ended on September 4, 2015 and now the DOL will review and evaluate the public comments submitted and issue final amendments, which may differ from the proposed amendments. It is unknown exactly when the final amendments will be issued, however, they are expected to take effect some time in 2016.
Although the California sick leave law (Healthy Workplaces, Healthy Families Act of 2014) took effect in July of this year, employers are already anxious for clarification on its practical application. In mid-July, certain issues were clarified through urgency legislation amendments (addressed in our previous newsletter). On August 7, in an opinion letter, the Labor Commissioner issued an employee-friendly interpretation of the legislation as it applied to employees who work 10-hour shifts.
Getting the best real estate purchase agreement in a dealership acquisition
Published on Thu, 08/06/2015 - 10:24pm
The August 5th Buy Sell Report includes an article by Robert D. Daniels and Gus N. Paras of The Scali Law Firm, providing an overview of how title provisions are handled in real estate purchase agreements, or “REPAs,” with a focus on the seller’s warranty of title, the buyer’s approval of title, and title insurance.
California Supreme Court ruling leaves window open for consumers to nonetheless escape arbitration
Published on Mon, 08/03/2015 - 4:12pm
Today, the California Supreme Court has issued its long-awaited ruling in the case of Sanchez v. Valencia Holding Company LLC with respect to the arbitration clause in the Form 553 CA ARB retail installment sale contract.
What can you do to avoid gambling with misleading advertising?
Published on Sun, 07/19/2015 - 8:35am
The Federal Trade Commission (FTC) has again targeted automobile dealers for allegedly deceptive advertising. If you are familiar with the CNCDA’s 2015 Advertising Law Manual, authored by The Scali Law Firm, you already know that the FTC and other regulators are targeting dealers nationwide over advertising violations and your best bet is compliant advertising.
As anticipated, the California legislature has attempted to clean-up some loose ends left by the original paid sick leave law (AB 1522) which took effect on July 1st. Although these changes may ultimately create some additional questions, it does provide clarity in some areas where employers were left guessing. Moreover, these changes provide some additional options and flexibility for certain elements of compliant policies.