If a defendant’s anti-SLAPP motion is granted, plaintiff will be required to pay defendant’s attorney’s fees incurred in bringing the motion. Thus, the anti-SLAPP motion is an effective tool to thwart improper lawsuits challenging a party’s First Amendment rights. In 2023, the courts of appeal published numerous opinions relating to the anti-SLAPP motions in a variety of contexts.

In 2023, the courts of appeal were faced with several issues related to Lemon Law cases including the impact of Statutory Offers to Compromise pursuant to Code of Civil Procedure section 998, the enforceability of arbitration agreements contained in deal contracts, and the impact of trade-ins on restitution. The “big issue” that the California Supreme Court will decide in 2024 or 2025 is whether a manufacturer can enforce an arbitration agreement signed by the buyer and the dealership. Several courts of appeal have published opinions on the issue, many of which are in conflict. The issue will be resolved by the California Supreme Court.

California and Federal courts of appeal published opinions on a wide variety of employment-related cases including wage and hour, whistleblower retaliation, discrimination/ADA, class actions, PAGA claims, and workers compensation. The results are a mixed bag for employers. Of note, the United States Supreme Court was given the opportunity to rule on a crucial ADA issue: whether an ADA “tester” has standing to challenge a business’ failure to provide disability accessibility on its website even if the tester had no plans to visit the business’ premises. Unfortunately, SCOTUS “punted” by dismissing the appeal on a procedural technicality. As a result, the issue remains unresolved.

As has been the case in the last several years, 2023 saw numerous opinions from the California and Federal courts relating to the enforcement of arbitration provisions. The opinions relate to arbitration provisions in the commercial context as well as arbitration in the employment context. Unfortunately, for those seeking to enforce arbitration agreements — particularly employers — the courts upheld virtually all trial court rulings denying motions to compel arbitration. 

Scali Rasmussen Shareholder Jeffrey Erdman and Principal Jasmin Bhandari have been recognized as "Leaders of Influence: Minority Attorneys" and profiled in a special feature by the Los Angeles Business Journal. According to the publisher, the feature highlights "those standout minority attorneys considered to be particularly impactful on the legal scene while serving as trusted advisors in Southern California."

We're proud to announce that Founder & Managing Shareholder Christian Scali has been selected by his peers for inclusion in the 2024 Southern California Super Lawyers list as a "top rated Franchise & Dealership attorney."

A trial court in Alameda County gave a win to employers: entering an order allowing Hobby Lobby Stores, Inc. to recover $125,000 in costs from the Labor and Workforce Development Agency (LWDA).

Effective January 1, 2012, the Wage Theft Protection Act required that all employers provide each non-exempt employee with a written notice containing specified information at the time of hire. The notice must be in the language the employer normally uses to communicate employment-related information to the employees. The Act also requires that the Labor Commissioner provide employers with a template that complies with the requirements of the notice.

The new year brings a number of payroll, accounting and benefits adjustments that employers and employees alike should keep in mind. Here are a few areas in which updates should be noted.

With the enactment of Senate Bill No. 235 (“SB 235”), California state courts have moved closer to the Federal courts which requires disclosure of initial information in discovery.

Scali Rasmussen Principal Jasmin Bhandari has been selected as a nominee by Los Angeles Times for its annual 'Inspirational Women Awards'. The publisher states that the nominees' "leadership stands out as a beacon to many, standing shoulder to shoulder with successful professionals throughout Southern California."

As auto manufacturers announce plans to add ever more electric vehicles to their product portfolios, many also are requiring their dealer bodies to make substantial investments to prepare to sell those vehicles. In some instances, the manufacturer also is attempting to assume some aspects of the sales process previously controlled by the dealer.

Ford dealers are worried that some aspects of the Model e program are a slippery slope leading to the agency model of selling vehicles. In an agency model approach, the manufacturer sets the price and manages the online customer relationship. The dealer serves as the delivery point for the vehicle.

As countries around the world move forward with plans to phase out the internal combustion engine, luxury and high-performance brands are coming to grips with perhaps the most significant change in automotive history: conversion to electric vehicles (“EVs”). The change brings feelings of frustration and grief, but also anticipation and excitement to manufacturers, dealers, and customers alike.

Some dealers are finding that the next generation isn’t interested in staying in the retail auto business. Selling cars still appeals to many who grew up at their family dealership, however.

The Combating Auto Retail Scams (CARS) Rule targets bait-and-switch tactics, junk fees; includes clear protections for military members, who are frequent targets for vehicle scams.

The 2023 legislative session touched on a wide array of business topics. The new laws do not affect all businesses, but are nonetheless worth every business owner’s attention, as they may shape you conduct business in California in the future. In particular, California continues to pass legislation aimed at minimizing the impact of climate change.

As with prior years, California enacted additional legislation with the goal of limiting catalytic converter theft. Dealerships will need to take the necessary action to comply with these new laws. AB 473 is a victory for dealerships in that, among other things, it closes a loophole used by manufacturers during the Protest process. And, as with new laws governing businesses, in general, California has passed additional legislation aimed at minimizing the impact of climate change that targets the vehicle and dealership process.

Both the Federal government and California enacted legislation raising the minimum wage for certain workers. California has also passed several bills that protect employees in variety of ways relating to cannabis use, non-compete agreements, workplace safety, right to organize, retaliation, and reproductive rights.

As with private employees, California has passed legislation that provides certain protections for employees of public entities.