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Court: Former Bentley Dealership President-Turned-Litigator’s Firm Can Rep Salesman Suing Dealer for Discrimination

Former Bentley Dealership President-Turned-Litigator’s Firm Can Rep Salesman Suing Dealer for Discrimination

A California appellate court has found that a law firm run by the former president and COO of a luxury car dealership can represent a fired Asian-American salesman in pursuing discrimination claims against the company.

The Second District Court of Appeal on Wednesday reversed a lower court decision that found that Darren Richie and Richie Litigation, the law firm he founded in 2017 after leaving his position as a senior executive at the O’Gara Coach Co. LLC car dealership chain, should be disqualified from representing Thomas Wu, a former salesman at the company’s Beverley Hills Bentley dealership. Wu claimed that leadership at the company had created a hostile work environment, that his supervisor referred to his Chinese friends as “chinks” and to him as “Buddha” or “sumo wrestler” due to his weight and heritage.

The company’s lawyers had successfully argued at the trial court below that Richie would be a key witness in the case and that through his employment at the company he had been directly involved with matters substantially related to Wu’s claims including the company’s discrimination policy. The company’s lawyers had also argued that, as a former senior executive, Richie owed the company continuing fiduciary duties, including to maintain the confidentiality of its privileged information.

But on Wednesday, the Court of Appeal found that, though Richie, who sat for the bar in 2017 after leaving the company, had been involved in setting and implementing the company’s discrimination policy as a nonlawyer, he never had an attorney-client relationship with O’Gara Coach. They also found that since Richie was not Wu’s personal lawyer his involvement as a witness was a nonissue.

“Under California law a law firm is not subject to disqualification because one of its attorneys possesses information concerning an adversary’s general business practices or litigation philosophy acquired during the attorney’s previous relationship with the adversary,” wrote Presiding Justice Dennis Perluss for the unanimous three-judge panel.

The court found that O’Gara Coach hadn’t shown “the required material link” between Wu’s claims in the lawsuit and the development and implementation of the policies Richie worked on while still at the company. The court reached this conclusion despite declarations from O’Gara Coach’s outside counsel at Fisher & Phillips and A

Darren L.A. Criminal Defense Attorney

rent Fox, as well as the company’s outside general counsel, Encinitas sole practitioner Keith D. Kassan, about their numerous interactions with Richie.

“While O’Gara Coach argues Richie was the primary point of contact at the company for its outside general labor and employment counsel regarding the handling of employee complaints, it identifies no category of information gained by Richie as a result of those contacts that is directly at issue in, or has some unusual value or critical importance to, Richie Li

tigation’s representation of Wu,” Perluss wrote.

“We are gratified that the Court of Appeal recognizes that Richie Litigation is not disqualified simply because of Mr. Richie’s prior work for O’Gara Coach,” Brown said. “The Court made clear that general information about the personalities, business practices, procedures, or ‘the playbook’ of a former client, or in this case a former employer, cannot be enough to justify disqualification of a lawyer.”.Richie, whose firm bio lists his C-suite experience dealing with “ultra-luxury brands as Bentley, Rolls Royce, Lamborghini, Aston Martin, Maserati, andDucati,” referred a request for comment to Wu’s appellate counsel on the matter, Ethan Brown of Brown Neri Smith & Khan in Los Angeles.

O’Gara Coach was represented by Wendy McGuire Coats, who left Fisher & Phillips for an appointment on the Contra Costa County Superior Court bench while the appeal has been pending, and Christopher Boman and Sean Kingston, who remain with the firm. Boman was out of the office and unavailable for comment Thursday.

The Second District’s ruling comes a little more than seven months after the court went the opposite way in an earlier case involving Richie and the dealership. In the earlier case, the court found that Richie had knowledge of O’Gara Coach’s protected information regarding a former senior executive the firm was seeking to represent and disqualified both Richie and the firm. In the previously decided case, the court disqualified the firm, reversing a decision from the trial court below.

 

  darrensuperadmin   Sep 05, 2019   Former Bentley Dealership President-Turned-Litigator’s Firm Can Rep Salesman Suing Dealer for Discrimination   Comments Off on Court: Former Bentley Dealership President-Turned-Litigator’s Firm Can Rep Salesman Suing Dealer for Discrimination Read More

Rancho Humilde Label Signs Global Distribution Deal With Cinq Music

Rancho Humilde signs distribution deal with Cinq music.

Story Courtesy of Billboard.com

 

Jimmy Humilde, the founder and CEO of urban regional Mexican label Rancho Humilde, has signed a worldwide distribution deal with Cinq Music, Billboard has exclusively learned.

The indie distributor and publisher has signed the L.A.-based company, according to Cinq co-founder and president Barry Daffurn, who calls the record label part of a new wave of urban regional “corridos.” The roster of acts includes Legado 7, Fuerza Regida and Arsenal Efectivo, among others.

Terms of the deal were not disclosed, however, Daffurn expanded on Humilde’s non-traditional marketing strategies, which have been noted industry-wide. The music of the Rancho Humilde also includes acts El De La Guitarra and Herencia De Patrones. The label’s bands cover themes such as immigration, cannabis legalization and issues impacting the Mexican border.

“Cinq Music has been in Latin since our inception, and have been ahead of the curve in new genres like Trap Latino,” Daffurn said. “We were looking for the right opportunity in Regional Mexican and Rancho Humilde is the next age of the genre. It’s young, it’s urban, and has taken off outside the U.S. and Mexico.”

Humilde, who on Aug. 24 debuts his popular Smoke Me Out Fest at The Forum in Inglewood, Calif., is known for his unorthodox way of navigating the music business. One way he does that is by focusing almost entirely on social media and mostly bypassing radio and TV.

Rancho Humilde’s growth has also been attributed to the popular Smoke Me Out Tour, which has grown steadily throughout the years. Last year, the tour reached a fever pitch as fan attendance grew dramatically. The tour traveled across the U.S. and was seen at small and larger-sized venues in cities such as Los Angeles, Denver, and Austin, among other places.

In late 2017, Rancho Humilde got a surprise shout-out by rapper Snoop Dogg who told his 20-million-plus Instagram followers to check out Legado’s 7’s music. Momentum kept building and a musical movement was born.

“We do things differently, we always have,” Humilde said. “The strength and popularity of our music is a reflection of the demographics of this country. Our fans speak English but love to listen to music that keeps them connected to their roots.”

  darrensuperadmin   Aug 17, 2019   Rancho Humilde Label Signs Global Distribution Deal With Cinq Music   Comments Off on Rancho Humilde Label Signs Global Distribution Deal With Cinq Music Read More

Santa Paula Man Charged With Murder For Girlfriend’s Death

Santa Paula man arrested for murder for girlfriends death

As reported by KYOC & FOX11:

VENTURA, Calif. – A Santa Paula man who was arrested on suspicion of killing his girlfriend has been charged with murder for her death.

Jahshua Jarrett, 21, was charged with murder for the death of Christina Pena on Sunday. Charges include a special allegation that Jarrett personally used a firearm to kill his girlfriend.

Pena was found dead inside the home the two shared in Santa Paula.

Jarrett was questioned by police and eventually arrested.

He is currently being held on a $750,000 bail. He is set to appear in court on Aug. 7.

 

Link: https://www.keyt.com/news/crime/santa-paula-man-charged-with-murder-for-girlfriend-s-death/1096542801

Results:

The case is active. Updates coming soon.

 

  darrensuperadmin   Aug 10, 2019   Santa Paula man charged with murder for girlfriend's death   Comments Off on Santa Paula Man Charged With Murder For Girlfriend’s Death Read More

Attorney For Stan Lee’s Ex-Business Manager Says Elder Abuse Charges are ‘without merit’

Stan LeeA lawyer for Stan Lee‘s former business manager Keya Morgan is calling the charges of elder abuse filed against him the “latest in the line of personal attacks” against his client.

Attorney Antonio Castillo III said in an exclusive statement to Page Six, “They are without merit and designed solely to drag his name in the mud in anticipation of the coming litigation on behalf Mr. Morgan against ill-intentioned parties that have been defaming him and interfering with his business dealings for the past few months.”

Morgan was charged on May 10 with five counts of elder abuse, including false imprisonment, fraud, and forgery. A warrant was also issued for his arrest.

In an email, Castillo continued to deny the allegations against Morgan, saying, “the patently false claims of elder abuse are total lies, and have been shown to be that in the past. They are only resurfacing now because Stan Lee himself is no longer alive and able to refute them as he had done previously.”

Comis legend Lee died in November at age 95 after dealing with numerous illnesses, including pneumonia. Prior to his death, the Marvel co-creator threatened to sue anyone who said Morgan was mistreating him. Morgan also said in a tweet he would file a lawsuit against “fraudsters” who accused him of abuse.

“There are numerous instances of Stan saying nothing but nice things about Keya and directly refuting and dismissing any allegations of elder abuse,” Castillo added. “Keya Morgan and Stan Lee were close friends and business partners that leeches and vultures wanted to separate because Mr. Morgan would not allow Stan to be taken advantage of.”

The California-based attorney did not elaborate on who the “leeches” and “vultures” were, but according to Reuters, Lee’s family is behind the accusations that have brought about the latest charges.

 

This article originally appeared on Page Six.

  darrensuperadmin   May 24, 2019   Attorney For Stan Lee’s Ex-Business Manager Says Elder Abuse Charges are ‘without merit’   Comments Off on Attorney For Stan Lee’s Ex-Business Manager Says Elder Abuse Charges are ‘without merit’ Read More
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