Sometimes you have to fight

We prioritize litigation avoidance. But when that's not possible, we are equally recognized for our formidable trial advocacy, combining strategic insight, courtroom skill and proven results. Our recent litigation and trial victories underscore the strength of our trial team when clients need to fight.

From contract and shareholder and partnership litigation to regulatory enforcement and class actions, we deliver practical, strategic counsel rooted in deep courtroom experience. Whether resolving a matter through negotiation or taking it to verdict, we tailor our approach to align with your business goals and risk tolerance.

Three experienced litigation attorneys representing the interests of auto dealers
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Your Trial Team

Litigation often reaches a point where trial is the only path forward. The examples below show how our attorneys deliver strong advocacy and results when it matters most

Representative matters
  • Successfully resolved a disability discrimination case via favorable settlement while summary judgment was pending, mitigating risk and securing certainty for the client exposure
  • Obtain dismissals and judgment for clients through strategic dispositive motions, including summary judgment and adjudication, and by leveraging targeted §998 offers.
  • Associate in Scali Rasmussen’s Labor & Employment Department, focusing on FEHA litigation including wrongful termination, discrimination, harassment, wage & hour, and PAGA.
  • Former Deputy District Attorney (Ventura County), with trial experience in arraignments, preliminary hearings, jury trials, and court conferences; collaborated with law enforcement to investigate crimes, draft warrants, and prepare witnesses and experts for testimony.
  • Former Assistant United States Attorney (Civil Division, Los Angeles), serving as lead counsel in complex federal litigation involving tort defense, employment discrimination, immigration, and bankruptcy; advised federal agencies on legal strategy throughout litigation.
  • Represent financial institutions in defense against consumer protection claims related to repossession, credit reporting, and debt collection practices, with expertise in the Rees-Levering Automobile Sales Finance Act (Cal. Civ. Code § 2983.2), the federal Fair Debt Collection Practices Act (FDCPA), the California Rosenthal Fair Debt Collection Practices Act (Cal. Civ. Code § 1788 et seq.), the California Business & Professions Code §§ 5700–7511, and the Uniform Commercial Code – Division 9.
  • Consistently deliver favorable outcomes by securing early settlements that avoid costly discovery, or by prevailing on strategic dispositive motions including demurrers and summary judgments.
  • Successfully litigated 42 U.S.C. §1983 claims against cities over unconstitutional seizures of collateral, compelling municipalities to adopt improved notice procedures protecting creditors’ due process rights.
  • Successfully represented leading financial institution in commercial litigation protecting monetary claims and property interest, securing a full judgment for all monetary damages prayed for, recovery of disputes property, and an award of attorney's fees and costs.
  • Successfully defended a dealership in a commercial dispute over a Lamborghini Urus sold via dealer-to-dealer transaction. After a lienholder reported the vehicle stolen, the buyer sued for breach of contract and promissory fraud. Following a bench trial, the court found no liability and awarded the plaintiff nothing, with each party covering their own costs.
  • Successfully opposed an appeal seeking to compel arbitration in a matter where the opposing party had actively litigated, raising waiver concerns. The appellate court affirmed the trial court’s denial, agreeing that the right to arbitrate had been waived, preserving the client’s position and avoiding the risks and inconsistent rulings associated with arbitration.
  • Successfully defended a dealership client named in multiple lawsuits following a fatal auto incident involving a previously sold vehicle. Plaintiffs alleged liability based on the dealership’s role in the sale. After confirming full DMV compliance, our team served a Code of Civil Procedure § 128.7 motion with Safe Harbor notices. As a result, all claims were voluntarily dismissed, and the dealership avoided litigation, liability, and attorney’s fees.
  • Successfully resolved a property damage dispute involving a luxury vehicle that was struck by an employee of a neighboring dealership while parked on our client’s service lot. Although the neighboring dealership initially denied liability, strategic negotiation led to a resolution in which they agreed to cover all payments to the customer. Our client paid no settlement funds, incurring no financial liability beyond internal costs.
  • Successfully defended a dealership in arbitration over a disputed sale of a Maserati MC20. The claimant alleged breach of contract after financing fell through. The arbitrator found no contractual obligation to complete the sale and awarded zero damages, relying heavily on the legal arguments presented in our briefing.
  • Defended a global luxury fashion brand in a putative class action involving allegations of false advertising and unfair competition under California Business and Professions Code § 17200; successfully negotiated a favorable settlement prior to class certification.
  • Represented a pharmaceutical company in an Abbreviated New Drug Application (ANDA) litigation and prevailed at trial, protecting the client’s market entry strategy.
  • Successfully tried a breach of contract case to verdict on behalf of a regional services company, resulting in a favorable judgment for the client.
  • Successfully obtained issue sanctions, on behalf of day care center, and eliminated all economic damages in case where Plaintiff alleged disability discrimination, wrongful termination and whistleblower retaliation. Thereafter secured summary adjudication on plaintiff’s claims pursuant to the Fair Employment and Housing Act. Sophia Perusset v. Tutor Time Learning Centers, LLC; No. 22TSCV06702
  • Successfully obtained summary adjudication for southern California hospital, where Plaintiff alleged discrimination, harassment, failure to accommodate and wrongful termination based on her refusal to comply with the COVID-19 vaccination mandate due to her alleged religious beliefs. Lilia Acevedo-Cosio v. PIH Health Hospital Whittier; No. 22NWCV00509
  • Obtained favorable decision for client by successfully arguing against joint employer liability before the Department of Industrial Relations Division of Labor Standards and Enforcement. Gamble v. Avitus Group; No. WC-CM-547163
  • Obtained a favorable arbitration award on behalf of client, a national retailer, where Claimant alleged (1) Harassment (2) Retaliation and (3) Wrongful Termination. LaTasha Jennings v. J.C. Penney Corporation; No 01-18-0001-1768
  • Obtained a unanimous jury verdict in the U.S. District Court – Central District of California before Honorable Fernando M. Olguin where Plaintiff alleged (1) Failure to Provide Reasonable Accommodations, Cal. Gov. Code § 12940 et seq.;(2) Failure to Engage in Good Faith Interactive Process, Cal. Gov. Code § 12940 et seq.;(3) Retaliation, Cal. Gov. Code § 12940;(4) Discrimination, Cal. Gov. Code § 12940;(5) Failure to Prevent Discrimination and Harassment, Cal. Gov. Code § 12940; and (6) Wrongful Termination in Violation of Public Policy against high end national gym and spa. Dashiell Kramer, an individual, Plaintiff, v. Equinox Holdings, Inc., a Delaware Corporation; and DOES 1 through 50, inclusive, Defendants; No. 2:20-cv-06169-FMO-JEM; United States District Court, C.D. California.
  • Obtained a unanimous jury verdict in the Superior Court of the State of California County of San Diego before Honorable Carolyn Caietti where Plaintiff alleged (1) Disability Discrimination; (2) Failure to Engage in the Interactive Process, (3) Failure to Accommodate Disability; (4) Retaliation and (5) Harassment against Car Dealership. Michael Ganatta v. JKC Palm Springs Automotive, Inc.; No. 37-2020-00028633-CU-WT-CTL
  • Conducted thorough investigations for clients in multiple employment law settings, including potential fraudulent conduct; complaints of harassment/retaliation; wage and hour practices; and wrongful termination allegations.
  • Analysis and calculation of potential exposure for multiple wage/hour class action and PAGA cases resulting in expedient and favorable resolutions for clients.
  • 100% dismissal rate of charges of discrimination brought with the Equal Employment Opportunity Commission and California Civil Rights Department.
  • Drafted an OECD complaint on behalf of a private entity against another for violations of OECD guidelines and secured an initial assessment examination for all 6 counts. 
  • Achieved favorable settlement of a contentious FEHA lawsuit while a dispositive motion for summary judgment was pending, mitigating litigation risk and exposure.
  • Obtained dismissal of class allegations and negotiated favorable resolution of a 300-employee PAGA action through the strategic use of employee survey data.
  • Obtained dismissal of class allegations and negotiated favorable resolution of a 300-employee PAGA action through the strategic use of employee survey data
  • Regularly defend employers in complex FEHA litigation involving claims of discrimination, harassment, and retaliation. Frequently achieve favorable outcomes—often through early settlements prior to costly discovery or via strategic dispositive motions such as summary judgment
  • Obtained favorable settlement for dealership defendant where an elderly customer and his disabled daughter sued dealership under the Elder Abuse and Dependent Adult Civil Protection Act among other causes of action, alleging the autonomous driving systems in new car did not function as advertised.
  • Obtained a defense verdict after trial in dispute between two dealerships over a Lamborghini Urus sold via dealer-to-dealer transaction. After a lienholder reported the vehicle stolen, the buyer sued for breach of contract and promissory fraud. Following a bench trial, the court found no liability and awarded the plaintiff nothing, with each party covering their own costs.
  • Successfully defended a dealership client named in multiple lawsuits following a fatal auto incident involving a previously sold vehicle. Plaintiffs alleged liability based on the dealership’s role in the sale.  After confirming full DMV compliance, our team served a Code of Civil Procedure § 128.7 motion with Safe Harbor notices.  As a result, all claims were voluntarily dismissed, and the dealership avoided litigation, liability, and attorney’s fees.
  • Settled property damage dispute involving a luxury vehicle that was struck by an employee of a neighboring dealership while parked on our client’s service lot. Although the neighboring dealership initially denied liability, strategic negotiation led to a resolution in which they agreed to cover all payments to the customer. Our client paid no settlement funds, incurring no financial liability beyond internal costs.
  • Successfully defended a dealership in arbitration over a disputed sale of a Maserati MC20. The claimant alleged breach of contract after financing fell through. The arbitrator found no contractual obligation to complete the sale and awarded zero damages, relying heavily on the legal arguments presented in our briefing.
  • Successful resolution of dozens of traumatic brain injury cases following depositions of experts, including neurologists, neuro-psychiatrists, psychologists and experts in vocational rehabilitation.
  • Nominal settlement, while motion for summary judgment pending, in multi-defendant wrongful death case where jury, thereafter, allocated substantial fault to client resulting in multi-million dollar savings to client.
  • Dozens of nominal settlements of Proposition 65 claims brought by “bounty hunter” firms against international manufacturers for failing to provide Proposition 65 warnings.
  • Assisted in obtaining defense verdict in FEHA case by manager claiming disability discrimination, harassment, failure to engage in interactive process, and failure to provide reasonable accommodations.
  • Nuisance value settlements in dozens of toxic tort claims after depositions of plaintiffs, co-workers, supervisors, treating physicians and expert witnesses.
  • Successfully obtained summary judgments by corporate defendants in numerous, multi-party toxic tort claims.
  • Successfully obtained dismissals of numerous, hotly contested toxic tort claims, including claims arising out of exposure to benzene, organic solvents, silica, and asbestos.
  • Successfully obtained dismissals of numerous, hotly contested toxic tort claims, including claims arising out of exposure to benzene, organic solvents, silica, and asbestos.
  • Successful appeal resulting in published opinion of trial court’s order granting dismissal or transfer of toxic tort case based on doctrine of forum non conveniens.
  • Successful appeal resulting in published opinion of trial court’s denial of motion to quash cross-complaint for lack of personal jurisdiction brought by Korean chemical manufacturer, leading to nominal settlement in wrongful death case with plaintiffs by retailer client.
  • Favorably settled a contentious wrongful termination, retaliation, breach of contract and independent contractor misclassification suit by general manager against three automotive dealerships to client’s satisfaction.
  • Negotiated resolution of vendor contract claims resulting in substantial savings to auto dealership.
  • Secured favorable resolution of minority owner claims against majority shareholders and dealership.
  • Successfully settled new vehicle dealer class action for Vehicle Code violations resulting in significantly reduced damages exposure.
  • Won a full defense verdict in a three-week jury trial in San Diego County, California for a franchised auto dealer facing claims of disability discrimination and failure to accommodate. Plaintiff sought more than $20 million in damages; the jury returned a complete defense verdict on all counts.
  • Successfully prosecuted a high-stakes, protracted bad faith insurance dispute in state court on behalf of a Southern California auto group. Obtained coverage benefits from a non-admitted casualty insurer following a major fire loss, overcoming substantial resistance from the carrier.
  • Led the prosecution of multi-year federal litigation on behalf of a franchised auto dealer against an OEM, challenging the use of performance-based incentives to compel costly facility upgrades. The case, grounded in alleged violations of California Vehicle Code §11713.13, culminated in a favorable resolution through a federal court settlement conference.
  • Successfully resolved a complex, long-standing state court dispute concerning the exercise of real estate purchase options valued in excess of $100 million. The options had been executed in conjunction with the client’s acquisition of a multi-rooftop dealership group. Achieved a highly favorable settlement that preserved the client’s strategic interests.
  • Litigated disputes concerning purported misappropriation of intellectual property.
  • Advised companies concerning intellectual property licensing and disputes.
  • Advised businesses concerning domain name disputes.
  • Advised businesses concerning DMCA take-down notices.
  • Litigated disputes concerning production contracts.
  • Proposition 65 representation. Represents and advises auto dealers and other retailers in Proposition 65 “60-Day Notice” claims and lawsuits.
  • Successfully blocked injunction against company's former employee. Defeated injunction under CUTSA on behalf of financial services company accused of stealing advertising business model of competitor.
  • Successfully enjoined competitor from starting competing business. Obtained injunction under the CUTSA against former healthcare company employee after former employee allegedly stole business model and started a competing business.
  • Successful trial of trade secret claims to victory for defendants. Successfully opposed an injunction under the CUTSA after a three-week arbitration; obtained complete defense of claims under the CUTSA and related torts and a six figure attorney’s fees award.
  • Successful prosecution of trade secret claims to enjoin bad actors from continuing to use stolen trade secrets. Obtained successful injunction under the CUTSA against a former technology company employee after the employee allegedly stole his former employer’s trade secrets and obtained a $3 million contract with the former employer’s customer by use of those trade secrets.
  • $10M corporate raiding and automotive dealership trade secret litigation. Scali Rasmussen is defending a dealership group based in Texas in a massive corporate raiding and trade secret lawsuit filed against it and several of its employees by a California dealership group. A related lawsuit involves a request for the involuntary dissolution of the plaintiff dealer group corporations.
  • Limousine consumer litigation. Scali Rasmussen is representing a New York limousine dealership and upfitter in breach of contract litigation in California. The dispute involves the customization of the limousine and installation of various luxury components and delivery obligations. Scali Rasmussen filed a cross-claim against the buyer for false and defamatory online reviews as well as telephone harassment.
  • Commercial real estate litigation. Served as national litigation coordinator to preserve commercial real estate assets after client was allegedly defrauded by business partner, who filed for bankruptcy, leaving client holding over $100M in debt on personal guarantees. Advised on strategic sales and divestitures of assets while preserving investments in other properties and securing favorable rulings on guarantee actions, saving the client several millions of dollars in assets, providing client time to reorganize.
  • Recovery actions on behalf of auto dealers against fraudulent aftermarket service provider. Assisting several clients nationwide in efforts to recover over $40M in losses incurred as a result of alleged fraudulent insurance scheme perpetrated by insurance broker and insurance company. Supervising team and strategizing efforts to recoup losses in bankruptcy and liquidation proceedings in Utah and Colorado involving defunct national insurance companies, civil litigation actions in MA, NH and CA against insurance brokers and agents, and pursuing other avenues of recourse through state and federal agencies and regulators.
  • Flooring inventory disputes. Litigated disputes over the issuance and maintenance of flooring inventory lines of credit.
  • Obtained summary judgment for international parts supplier in against antitrust and fraud claims. In response to a $3 million collection action, warehouse distributor brought $10 million antitrust and fraud claim against parts supplier. After voluminous discovery and motion practice, Mr. Scali and his team obtained summary judgment for parts supplier on both the complaint and cross complaint.
  • Successful resolution of disputes over buy/sell agreements involving auto dealership assets. Litigated disputes over the purchase and sale of franchises.
  • Arbitration award for bank on guarantee after liquidation of truck parts business. First-chaired a three-week arbitration representing a bank against Article 9 Commercial Code claims resulting from liquidation of collateral of a truck parts business after it defaulted on its SBA loan; obtained favorable verdict.
  • Blocked factory's attempted denial of auto dealer franchise after 3 week trial in Orange County. Co-chaired a three-week bench trial representing an automobile dealership, resulting in a defense judgment that barred the manufacturer’s attempted denial of the automotive franchisee’s application for a new franchise, and obtained nearly $300,000 in attorney’s fees for the dealer.
  • Blocked termination of auto dealer franchise after 3 week hearing before the NMVB. Obtained a decision in the dealer’s favor before the New Motor Vehicle Board after a three-week hearing involving a protest by an automobile dealership of the manufacturer’s attempted addition of a new point with the dealer’s relevant market area.
  • Successful resolution of multimillion dollar warranty chargeback disputes on behalf of auto dealers. Litigated multimillion dollar warranty chargeback disputes between franchisors and franchisees.
  • Franchise disputes over attempted factory termination, relocation or addition of auto dealership franchises. Advised clients on and negotiated franchise disputes concerning warranty audits and warranty chargebacks, add points, relocations and terminations.
  • Wage and hour class action defense of auto dealers. Litigated wage and hour class actions for auto dealers and other retailers.
  • EDD and Labor Commissioner hearing representation. Handled claims before the Employment Development Department and the Labor Commissioner.
  • Blocked confirmation of employee's arbitration award against former employer. After executive employee obtained arbitration award against employer, blocked confirmation of award against employer-related entities by utilizing successful procedural strategies.
  • Successful resolution of numerous discrimination, harassment and retaliation claims against auto dealers and others. Litigated and arbitrated numerous employment discrimination and harassment lawsuits against auto dealers and others. Obtained numerous successful settlements in employment discrimination claims for media and entertainment and retail clients by employing strategies designed to minimize settlement value.
  • Publically-held automobile dealer group restructuring litigation. The Firm is currently defending a publicly-traded auto dealer group’s dealership in an age discrimination lawsuit brought by a former employee. The plaintiff was affected by a facility-wide restructuring that resulted in discharge or reassignment of a number of management-level employees. At issue in this case are the company’s legitimate business reasons for the restructuring in the dealership’s highly competitive retail environment. The dealership’s case focuses on the location’s financial performance and customer service objectives as well as the plaintiff’s individual performance. This litigation is currently in the discovery phase and will go to arbitration in 2016.
  • Automotive service technician and service advisor wage and hour class action. Scali Rasmussen has successfully resolved several wage and hour class actions brought against its dealership clients. It is currently defending a California automobile dealership against wage and hour claims made against it in a class action brought by its service technicians. Scali Rasmussen is representing another California automobile dealership against wage and hour claims made against it in a class action brought by its service advisors, one of the first wage and hour class actions brought by service advisors against an automobile dealership in California.
  • FCRA and ECOA representation. Litigated and resolved several claims against auto dealers and other retailers under the Fair Credit Reporting Act and Equal Credit Opportunity Act.
  • Undefeated record of obtaining summary judgment for auto dealers. Obtained numerous summary judgments on behalf of auto dealers and other retailers in consumer fraud cases.
  • Defeated class certification against auto dealer for alleged illegal F&I practices. Obtained pre-certification dismissal of consumer class action Truth In Lending Act and Automobile Sales Finance Act claims by developing strategies that are used today by California attorneys in defending various truth-in-lending and statutory claims against automobile dealerships.
  • Auto dealer class action defense over leasing practices. Engineered the successful dismissal of over 1,400 auto dealerships as a member of the defense steering committee in coordinated class actions alleging statutory disclosure violations under the Vehicle Leasing Act and Unfair Competition Law.
  • Auto dealer single consumer advertising defense. Defends auto dealers and others against numerous single consumer lawsuits alleging advertising violations and handles FTC investigations of advertising practices.
  • Auto dealer advertising mass action defense. Represented several automobile dealerships in coordinated actions and copy-cat actions under the Unfair Competition Law (UCL) for state and federal advertising violations; coordinated efforts with California New Car Dealers Association and other dealer counsel in connection with UCL reform, culminating in the proposal and passage of Proposition 64; participated in meetings and efforts that lead to disbarment of The Trevor Law Group.

A depth of expertise

Headshot of Christian Scali
Christian Scali
Founder & Managing Shareholder
Halbert Rasmussen headshot
Halbert Rasmussen
Shareholder
John Swenson headshot
John P. Swenson
Shareholder
Jeffrey Erdman headshot
Jeffrey W. Erdman
Shareholder
Franjo Dolenac
Franjo M. Dolenac
Shareholder
Arden Burstein
Principal
Eric Weiss
Principal
Jose Cabada
Principal
Ryan Evans
Principal
Julie Pearson
Principal
Jennifer Woo Burns
Principal
an experienced defense lawyer in medical malpractice and elder abuse cases
Veronica R. Gobran
Senior Associate
three lawyers discussing business at a car dealership

Trusted Counsel for Complex Litigation

Our attorneys handle high-stakes disputes with precision and strategy, protecting your business when the risks are greatest.

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