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Read the latest news from Scali Rasmussen, including legal alerts and event listings.

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The most impactful legislation enacted by California relates to motions for summary judgment which are usually filed by defendants in civil cases. In 2003, based on lobbying efforts by the plaintiff’s bar, the Legislature increased the notice period for such motions from 28 days to 75 days which gives plaintiffs substantial time to obtain the evidence necessary to oppose a motion. In 2024, the Legislature again increased the notice period to 81 days and, again buckling to pressure from the plaintiff’s bar, passed legislation barring “new” evidence in a reply to an opposition to a motion.

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In 2024, California enacted legislation impacting several labor and employment issues, including raising the minimum wage for certain workers, protecting employee’s reproductive rights, protecting employee’s rights to take family leave, and expanding employee’s rights against discrimination and whistleblower retaliation. Not all legislation benefits employers. In particular, California enacted two pieces of legislation setting forth major reforms to the Private Attorney General Act (“PAGA”) which streamlines the PAGA process and potentially minimizes the penalties to be imposed against employers. California has also passed several bills protecting employees from so-called Labor Trafficking.

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As with prior years, California continues to enact legislation aiming to increase the use of electric vehicles (EVs) as well as hydrogen fueled vehicles (HFVs). In 2024, California passed legislation focusing on making EV and HFV charging stations more reliable and accessible. Foreseeing the use of autonomous vehicles in the near future, California passed legislation relating to liability for accidents caused by autonomous vehicles and legislation aimed at assisting the police in investigating accidents involving autonomous vehicles. In addition, based on intense lobbying efforts by certain auto manufacturers, particularly General Motors, California enacted legislation aimed at streamlining and expecting claims made under the Song Beverly Act, California’s Lemon Law.

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The 2024 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 protecting consumer’s privacy rights.

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Scali Rasmussen Founder Christian Scali has been recognized by Los Angeles Times as a “Legal Visionary” as highlighted in a special supplement that published earlier this week. “Being recognized as a visionary is not only a reflection of exceptional skill, but also underscores each attorney’s commitment to excellence, thought leadership and impactful contributions to both their clients and the broader legal community,” states the publisher.

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On October 31, 2024, the California Supreme Court published its long-awaited opinion in Rodriguez v. FAC US, LLC which answered the following question relating to claims under the Song-Beverly Act: Is a used vehicle that is still covered by the manufacturer’s express warranty a “new motor vehicle” within the meaning of Civil Code section 1793.22(e)(2), which defines “new motor vehicle” as including a “motor vehicle sold with a manufacturer’s new car warranty”?

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Lawsuits involving sexual, gender-based, and sexual orientation harassment claims may circumvent arbitration under valid arbitration agreements. Recently, a California Court of Appeal held that sexual harassment claims covered under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFAA”) preclude the entire lawsuit form arbitration by the plain language of the statute, even if the lawsuit involves non-sexual harassment claims. This decision underscores the potentially far-reaching consequences of the EFAA on California employers.

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In November of 2014, plaintiff Andre Pompey purchased a recreational vehicle (“RV”) from JD’s RV (“Dealership”). Defendant Bank of Stockton (“Bank”) financed the purchase. The sales contract inaccurately reflected the downpayment as $19,100 in cash instead of $1,000 in cash and $18,100 in trade-in value. Two weeks after delivery, Pompey discovered that the RV leaked.

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Scali Rasmussen Shareholder Jeffrey Erdman has been recognized by Los Angeles Times as a 2024 “Diversity, Equity, Inclusion & Accessibility (DEIA) Visionary,” highlighted in a special supplement. “These thought leaders are overcoming headwinds – especially in the form of social backlash to diversity, Equity, inclusion and accessibility – to achieve their goals, however challenging they may be,” states the publication. “Based on submissions of dozens of nominated DEIA professionals and experts, the below list represents some of the most prominent game changers in the business world today.”

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