On July 12, 2019, Governor Gavin Newsom signed into law Cal. Civ. Code § 1459.5. The purpose of enacting Section 1459.5 was to legislatively overturn Lafferty v. Wells Fargo Bank, N.A. (2018) 25 Cal.App.5th 398 (“Lafferty”), which held that attorneys’ fees were not recoverable against a holder by a consumer for claims brought pursuant to the Federal Trade Commission’s (“FTC”) Holder Rule. (16 CFR § 433.2 [“FTC Holder Rule”].) Section 1459.5 […]
Starting mid March of 2020, Madison Law implemented certain measures to reduce the possibility of infection around our offices. While many of these measures have been relaxed, some remain in place. New measures have also been added to update our safety rules. Here’s a list of what we are now doing: Our offices are open. Attorneys and staff members are spending some, or all, of their time at work during […]
California’s “Stay-at-Home” order and resulting lockdown to confront the Corona Virus (also known as “Covid-19”) pandemic forced most businesses— except those deemed to be essential—to shut down as of March 19, 2020 until Governor Gavin Newsom issues a new order to end the Stay-at-Home order. With the end of the lockdown uncertain, most businesses face the uncertainty of when they can re-open and when their revenues will return to pre-lockdown […]
Due to the unusual circumstances surrounding the COVID-19 Coronavirus pandemic (“COVID-19”), many industries are faced with unprecedented challenges – including the automobile sales industry. Fortunately, the California Department of Motor Vehicles (“DMV”) has recognized some of those challenges and provided a solution. Previously, an automobile dealer was required to conduct vehicle sales at the dealership’s licensed location absent certain exceptions. (Cal. Veh. Code§ 11714(b).) This made it difficult for dealers to conduct […]
On March 19, 2020, Governor Gavin Newsom issued Executive Order N-33-20 (“Order”) which effectively shut down most of California in response to the COVID-19 pandemic. In issuing the Order, many licensed California dealers were left guessing as to whether the automotive sales industry was essential such that it could continue to operate. On April 28, 2020, the State Public Health Officer clarified the list of Essential Critical Infrastructure Workers. The […]
In light of the unprecedented national emergency caused by the COVID-19 pandemic, many commercial tenants in California, and the rest of the country, are facing difficulties in paying their rent. At the federal level, three stimulus packages have been passed which aimed to ease the economic burden caused by the nearly nationwide shutdown. However, the funds made available under those packages have been slow to arrive. In the meantime, many landlords […]
