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THE PURPOSE & BENEFITS OF MEDIATION

Mediation, in one form or another, has been around since the dawn of civilization and is widely used for dispute resolution in many cultures.  However, mediation was not a part of the common law process and, until recently, was utilized only for certain types of disputes (notably, labor-management grievances).  Today, mediation is used in all types of disputes.  This is attributable both to court congestion and to dissatisfaction with the […]

Neighbor Disputes: Shared Fencing

One of the most common disputes arising among landowners in California is, when a shared fence needs to be repaired or replaced, which neighbor pays?  The short answer is that California law says that both share equally in the cost.  However, with most issues at law, the complete answer is never that simple. Cal. Civ. Code § 841 is California’s attempt to resolve this all too common dispute between neighbors.  […]

Electronic Signatures in Vehicle Sales

Electronic transactions have vastly simplified the way many industries document deals.  Several of my automobile dealership clients have inquired as to whether vehicle transactions can be documented electronically.  Currently, the answer to that question is no.  Despite the aging equipment used to memorialize deals found in many automobile dealerships, including dot matrix printers with cutting edge 1980s technology, California has exempted new and used vehicle leases and sales from its […]

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California Assembly Bill (AB) 516 – Temporary License Plates

September 20, 2018 Re:  California Assembly Bill (AB) 516 – Temporary License Plates California Assembly Bill (AB) 516 was chaptered on July 25, 2016, with an implementation date of January 1, 2019. This legislation creates a required new electronic issuance process and new temporary permits for use by dealers to issue Reports of Sale and Temporary License Plates.  The California Department of Motor Vehicles (DMV) is working with Fairfax Imaging, […]

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Proposition 65 Warning & Your Dealership

PROP 65 GENERALLY Prop 65, aka the Safe Drinking Water and Toxic Enforcement Act, requires CA to publish a list of chemicals known to cause cancer or reproductive toxicity, and for businesses with 10 or more employees to provide warnings when they knowingly and intentionally cause significant exposures to listed chemicals. NOTE: Prop 65 does not ban or restrict the sale of chemicals on the list. NOTE: The new OEHHA […]

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How To Effectively Protect Your Intellectual Property: Trademark, Patent, or Copyright?

Have a symbol? Trademark it. Have an invention? Patent it. Have an idea? Copyright it. Many individuals lump these three property right protections into one category. However, in order to effectively protect your intellectual property, you need to know which of the three you will use to protect your work. Below each will be discussed individually, explaining what they are, when you need them, and how they work. Trademark What […]