Practice Areas

 

Links to:

Services for Automobile Dealers
Services for Secured Lenders

 

Other Practice Areas:

Advertising Law
Association Law
Bankruptcy Law
Business and Corporation Law
Commercial Law
Consumer Credit Regulatory Law
Estate Planning
Intellectual Property Law
Labor and Employment Law
Litigation, Business and Commercial
New Motor Vehicle Board
Real Estate
Probate and Trusts

 

Advertising Law. We represent various automobile dealer advertising associations throughout the state and approve advertising copy for television, radio, and print media. We represent some advertising agencies and also approve ad copy for them. We also advise individual automobile dealers with regard to their advertising and have a retainer program available for dealers to review and approve their advertising. For the details of this program, call any of our partners at (323) 937-4730. Our firm is the author of the “California Auto Dealer Advertising Law Manual,” a detailed and practical book about all the advertising rules California auto dealers must follow. The book, distributed by the California Motor Car Dealers to its members, also has examples of good and bad advertising.

 

Association Law. We represent various California nonprofit mutual benefit corporations and advise them on all aspects of their business. Some of these associations are auto dealer associations having independent for-profit subsidiaries.

 

Bankruptcy Law. We represent creditors in bankruptcy proceedings, including business reorganizations, automatic stay litigation, and dischargeability actions. We assist buyers desiring to purchase assets out of bankruptcy, particularly those who want to purchase automobile dealerships which are in bankruptcy. We also represent various auto finance companies in obtaining orders for relief of the bankruptcy stay.

 

Business and Corporation Law. We form all types of business entities, including corporations, partnerships, limited partnerships, limited liability companies, and sole proprietorships. We provide ongoing advice and services for the legal maintenance of these organizations. We do business purchase agreements (stock and assets) and buy-in and business continuation agreements.

 

Commercial Law. We give advice and handle transactions involving all aspects of the Uniform Commercial Code. We draft security agreements, negotiable instruments, promissory notes, intercreditor agreements, subordination agreements, and other contract forms pertaining to commercial transactions. We also handle and document personal property secured loans, and set up and handle bulk sale escrows. We assist clients in the recovery and foreclosure of personal property collateral and the collection of any resulting deficiency balance. We also give general and practical advice on secured transactions, UCC filings, the bulk sale law, intercreditor disputes, and creditor’s rights.


Consumer Credit Regulatory Law. We represent various automotive financial service companies, and affiliate members of the automotive financial services industry, in connection with consumer regulatory compliance. For example, we prepare contracts of conditional sale, conditional sale contract refinance agreements, and other documents necessary for consumer credit regulatory compliance. Our auto dealer clients also seek assistance with respect to these areas, as they often find themselves the holders of consumer credit contracts or leases, and find it necessary to navigate the maze of state and federal consumer credit laws and regulations when enforcing their rights under such instruments.


Estate Planning. We advise individual automobile dealers with regard to their estate planning needs, including the preparation of wills, revocable trusts and power of attorney forms. A special emphasis in this practice area is the handling of dealer succession issues.


Intellectual Property Law. This area encompasses both litigation and non-litigation services. When clients seek protection for their creative endeavors, we can register their trademarks with the United States Patent and Trademark Office, or register copyrights with the Library of Congress. We advise clients on how to best protect trade secret information, such as customer lists. When necessary, we represent our business clients in court if any of these or other intellectual property interests are infringed, appropriated, or otherwise abused.


Labor and Employment Law. We represent individual automobile dealers with regard to a wide variety of employee issues. The emphasis of our practice in this area is providing preventive advice so as to avoid potential employee problems.


Litigation, Business and Commercial. We file and prosecute lawsuits in all California courts for business and commercial clients. These lawsuits include collection actions, breach of contract, claim and delivery (recovery and foreclosure of personal property collateral), intercreditor disputes, business torts, and indemnity and contribution. We also defend lawsuits for business and commercial clients in all California courts, including breach of contract, business torts, unfair competition, defamation, interference with economic relationships, lemon car suits, Truth-In-Lending claims, and collection actions. Additionally, we handle appeals which arise from lawsuits we prosecute and defend.


New Motor Vehicle Board. This administrative agency within the Department of Motor Vehicles is best known for adjudicating disputes between new motor vehicle dealers and their franchisors with regard to dealer termination, establishment or relocation of another dealership within the dealer’s relevant market area of 10 miles – so-called “encroachment” cases – and policies and procedures related to payment, audit, and chargeback of preparation and delivery, warranty, and sales incentive payments. We represent new motor vehicle dealer clients in all such protests, and also appear before the Board in other cases where appropriate. For example, the Board is authorized to hear appeals following administrative accusation decisions rendered by the Department of Motor Vehicles with respect to new motor vehicle dealers or franchisors. It is also sometimes appropriate to litigate disputes between a dealer and franchisor before the Board, even where it might also be an option to go to court.


Probate and Trust Law. Our firm handles all areas of the administration of a decedent’s estate, whether such administration is through a formal court probate proceeding or by means of an administration of a decedent’s trust. We prepare federal estate tax returns. We also handle disputes between beneficiaries of estates.

Real Estate Law. We advise clients in all aspects of real estate law, including transactions involving the sale, purchase or leasing of real property. We advise clients regarding Redevelopment Agency agreements and assist in the negotiation of these agreements.