California Judge Rules in Favor of Honda and Overturns Fuel Economy Lawsuit

by Amiel L. Wade of Wade Law Group on May 18, 2012

Tax HelpA California judge sided with Honda in overturning a February 1 court decision over the fuel economy of the 2006 Honda Civic hybrid. In the earlier decision, owner Heather Peters was awarded $9867 in small claims court after arguing that Honda made false claims about the fuel economy of the Civic hybrid.

Peters filed in small claims court earlier this year when she was unhappy with a settlement offered by Honda. Peters complained that her 2006 Honda Civic hybrid returned only 29 mpg, despite Honda claiming it would manage 50 mpg. In a class-action settlement, Honda offered disgruntled Civic hybrid owners $100 cash and a $500 to $1000 rebate on the purchase of a new Honda or Acura. Peters didn’t feel that was enough, and pursued more legal action.

At a small-claims hearing, Peters claimed in part that a software update and rapid deterioration of the battery had drastically reduced the fuel economy of her Honda Civic hybrid. She also helped guide other Civic hybrid owners to pursue legal action; Honda spokesman Chris Martin told Automotive.com there are at least 17 small-claims cases concerning the car around the nation. Peters ended up winning $9867 — she filed for California’s maximum of $10,000, and was awarded the damages on the basis of extra money spent on fuel for the car’s reduced fuel economy.

In the most recent court decision, Torrance, California, judge Dudley Gray II sided with Honda and overturned the prior ruling — which cannot be further appealed due to California law. As Automotive.com reports, much of the reasoning hedged on doubts about Peters’ driving habits, with Honda’s legal team accusing that she saw poor fuel economy because she was an aggressive driver. The defense pointed out that Peters had previously owned sports cars like a Mazda RX-8 and BMW Z4, and that service records for her Civic indicated excessive tire wear consistent with aggressive driving patterns.

For information on California Business Law, contact a professional California Business Attorney. In the San Jose area or within California, call Amiel Wade at Wade Law Group at (888) 909-9430.

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California Given “F” Grade for Business Friendliness According to Survey

by Amiel L. Wade of Wade Law Group on May 17, 2012

Tax HelpOwners of small service businesses give California an F grade for business friendliness, according to an online survey by Thumbtack.com, a website for service companies. It is the second survey in a week that gives the Golden State black marks by business owners.

Chief Executive Magazine recently released its annual survey of Best and Worst States for business, which ranked California 50th for the eighth straight year. That survey’s respondents would tend to be a different group than those polled by Thumbtack.com.

Within California, Orange County gets an “average” rating, with the San Francisco Bay area rated best and the Central Valley the worst.

The website, in partnership with the Kauffman Foundation, conducted a two-month survey of more than 6,000 small business owners. The survey explored six different measures of a state’s friendliness to small businesses:

-          Ease of starting a business

-          Hiring costs

-          Regulations

-          Training programs

-          Networking programs

-          Current economic health

California received a failing grade for overall friendliness and regulations; a D for ease of starting a business, environmental, zoning; D+ for networking programs; C- for hiring costs and training programs. Thumbtack ranks California 41st for economic health and growth rate last year and 35th for optimism about the future.

Within California, Los Angeles, San Diego and Sacramento received F grades, San Francisco received a D+ and San Jose received a B-, according to Thumbtack. No Orange County city received a separate grade.

The cities all had some good grades: San Diego’s networking programs received an A-, San Jose’s training programs received a B-, San Francisco and Sacramento received C+ for their training programs and Los Angeles received a C- for hiring costs.

For information on California Business Law, contact a professional California Business Attorney. In the San Jose area or within California, call Amiel Wade at Wade Law Group at (888) 909-9430.

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Apple Inc. Avoids Trademark Dispute in California Courts

May 16, 2012

Tax HelpA California judge threw out Proview Electronics Co.’s lawsuit against Apple Inc. over the iPad trademark in China, the latest twist in the legal fight over the rightful owner of the tablet’s name.

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Bernanke Defends Bond Buying to Bolster Economy in Lecture Series

May 15, 2012

Tax HelpFederal Reserve Chairman Ben Bernanke ended his college lecture series with a vigorous defense of the central bank’s two rounds of bond buying to bolster the economy after the 2008 financial crisis.

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The Doctrine of Respondeat Superior and Your Liability as an Employer

May 14, 2012

Tax HelpThe common law doctrine of Respondeat Superior makes an employer liable for the actions of an employee when the actions take place within the scope of employment.

The legal relationship between an employer and an employee is called agency. The employer is called the principal when engaging someone to act for him. The person who does the work for the employer is called the agent. The theory behind respondeat superior is that the principal controls the agent’s behavior and must then assume some responsibility for the agent’s actions.

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