Orozco v. Power Toyota Cerritos

CONSUMER LAW

Song-Beverly Consumer Warranty Act

 ATTORNEYS:

Plaintiff, Salvador Orozco

Lawrence Hutchins, Esq. (Law Offices of Lawrence Hutchins – Bellflower, CA)

 Defendant, Power Toyota Cerritos

Elizabeth L. Kolar, Esq. (Kolar & Associates – Santa Ana, CA)

 Defendant, Toyota Motor Sales, U.S.A., Inc.

Sean D. Beatty, Esq. (Beatty & Myers – Long Beach, CA)

 FACTS:

On August 25, 2007, Plaintiff purchased a 2008 Toyota Scion from Power Toyota Cerritos.  In December 2007, Plaintiff took the vehicle to Power Toyota Cerritos with reports of electrical issues. 

 In March of 2008, Plaintiff had Pro Window Tinting/Car Audio install aftermarket radio equipment into the vehicle.  On March 21, 2009, Plaintiff reported a “burning” smell at 18,085 miles.  The dealership could not duplicate the concern. 

 In June 2008, Plaintiff was driving the vehicle on the freeway when the vehicle caught on fire.  Toyota of Cerritos tendered to TMS.  TMS denied the tender and Toyota of Cerritos filed a Cross Complaint against TMS.  On the eve of trial, Plaintiff settled his suit for a buy back and attorneys’ fees against TMS.  Plaintiff dismissed his suit against Toyota of Cerritos for a waiver of costs.  Toyota of Cerritos pursued its indemnity Cross Complaint against TMS and prevailed and recovered all of its attorney’s fees from TMS for wrongfully refusing to accept the tender.

 COURT TRIAL:

Verdict for Toyota of Cerritos

Cano v. Domino’s Pizza, LLC

May 2012 – Cano v. Domino’s Pizza, LLC /Gandasetiawan v. Domino’s Pizza, LLC

Jury Trial: DEFENSE VERDICT 

Eight former General Managers claimed that Domino’s misclassified them as exempt employees.  Plaintiffs claim that they did not spend more than half of their time performing managerial duties and asserted labor code claims for overtime and minimum wage, failed to provide rest and meal breaks, waiting time and itemized wage statement penalties.  The juries in both cases returned a defense verdict in favor of Domino’s Pizza, LLC.

 

CLAY Award – Congratulations Elizabeth!

Elizabeth L. Kolar is one of 62 lawyers within California to receive the 19th annual awards for California Lawyer Attorneys of the Year.  These awards are given to those lawyers found to have made the most significant impact in the area of law during 2014. Her contribution will be featured in the March 2015 issue of California Lawyer magazine, a publication of the Daily Journal.  Congratulations Elizabeth!

Press Release:   http://www.callawyer.com/clclayawards.cfm

Kolar Chronicle

clip_image001We are pleased to introduce to you “The Kolar Chronicle,” a monthly update for the legal community involved in automobile transactions and other consumer law. The Kolar Chronicle will serve to keep you up to date with the most recent California court decisions and important defense verdicts or rulings that our firm has won for our clients. We hope that you find this newsletter useful and informative.  We will continue to help our clients fight the good fight both in and out of the courtroom.

Celebrating a Decade

THE LAW OFFICES OF KOLAR & ASSOCIATES CELEBRATES 10 YEARS AS ONE OF CALIFORNIA’S PREMIERE BUSINESS AND COMMERCIAL LITIGATION LAW FIRMS

 In Santa Ana on November 19, 2011, Kolar & Associates celebrated its 10 year anniversary as one of California’s premier business and commercial litigation law firms.

Elizabeth Kolar began the firm in 2001.  She started a firm that was initially centered around the defense of California based automotive dealerships. The clientele quickly grew to encompass a variety of private and commercial businesses. Kolar & Associates stands firm on its inherent value of putting its clients first. Kolar & Associates takes pride in recognizing each client’s individualized needs and strives to provide the utmost in professional and reliable legal services.

Since beginning her career nearly 20 years ago, Ms. Kolar has tried over 50 jury trials, over 500 court trials and numerous arbitrations in the areas of products liability, employment, warranty, consumer fraud defense, premises liability, vehicle liability and other areas with a greater than 98% favorable outcome.  She has represented top Fortune 100 companies in multi-million dollar lawsuits to favorable verdict decisions. In February of 2010 Elizabeth was inducted into the prestigious American Board of Trial Advocates (ABOTA).

Our 10 year anniversary gives us the opportunity to reflect and be grateful for the opportunity to represent our dealerships.  The public perception of dealerships and businesses in general, is often times negative in nature.  However, over the years, our firm has had great success in defending dealerships and other corporate clients at trial on a variety of claims including consumer fraud claims.  There have even been instances where we have recovered attorneys’ fees and costs on behalf of our clients against consumers based upon our experience and thorough understanding of the law.

As the industry changes, Kolar & Associates pursues new advancements in technology and stays abreast on legal changes in its field.  Kolar & Associates’ attorneys and staff make every effort to creatively organize the day to day operations of the firm so that it can offer the most efficient and reliable service to its clients. As an example, it currently utilizes a service that helps it advise its clients of any legal actions filed against them. This gives the firm a unique opportunity to aggressively defend its clients from the first onset of a suit giving clients the peace of mind knowing that their rights are protected.

As it continues on its race of successes, Kolar & Associates would like to thank all its clients. A special thanks to our charter clients who have been with us from the very beginning.  We cannot thank them enough for the years of support and trust they have given our firm. We look forward to many more years of partnership and success.

Kolar & Associates is known for its outstanding defense of automotive dealerships. The firm also provides services to clients in business transactions/litigation, employment/labor law, general liability, governmental torts, insurance defense and coverage, personal injury, premises liability and products liability. For more information, visit www.kolarandassociates.com.

Elizabeth L. Kolar inducted into the American Board of Trial Advocates

home-abota-logo

The Law Offices of Kolar & Associates is very pleased to announce that Elizabeth L. Kolar has been honored with induction into the membership of the American Board of Trial Advocates (ABOTA).  ABOTA is a national organization comprising those attorneys who have achieved the most elite status among Trial attorneys. Membership is offered by invitation only and is awarded to a select group of uniquely experienced attorneys who have extensive and verifiable Jury Trial experience.

Elizabeth has tried approximately 40 jury trials, over 500 court trials and numerous arbitrations in the areas of products liability, employment, warranty, consumer fraud defense, premises liability, vehicle liability and other areas with a greater than 95% favorable outcome.  She has represented top Fortune 100 companies in multi-million dollar lawsuits to favorable verdict decisions.