Chris Holden introduces another job-killing bill that would devastate small business owners

• February 24, 2023

Sacramento’s nastiness toward fast-food restaurants reignited last week with the introduction by Assemblymember Chris Holden, D-Pasadena, of a bill that would amend state law to make the parent corporation of franchised restaurants share liability for workplace health and safety violations.

Assembly Bill 1228 is backed by the powerful Service Employees International Union, which says the current system protects corporations from having to pay damages for violations of employment law. Another labor advocacy group, Fight for $15, says it found in a survey of California fast-food workers that nearly 425,000 of them had experienced some type of wage theft such as unpaid work, overtime violations, issues with meal breaks or paycheck problems.

Related: One of California’s worst ideas is to turn the state into a union for fast food workers

SEIU estimates that there are more than 557,000 fast-food workers in California at about 30,000 work sites.

Franchise owners are already liable for labor law violations, but they are generally small-business owners, and the bill’s sponsors seek to find deeper pockets. This is their second try at it — the same provision was stripped out of Assembly Bill 257, which established a state-run Fast Food Council empowered to raise wages as high as $22 per hour.

Gov. Newsom signed AB 257 in September, but the Save Local Restaurants Coalition, backed by major chains including Starbucks and Chipotle, quickly raised $12 million to qualify a referendum, so the law is now suspended until voters speak on the issue in November 2024.

Related: The California Legislature should repeal Chris Holden’s absurd AB 257

The state Legislature should not be picking and choosing industries to burden with extra layers of laws and liabilities based solely on the political juice of special interests. In this case, Holden has announced that he will be a candidate for the Los Angeles County Board of Supervisors next year, challenging incumbent Kathryn Barger. His political water-carrying for the SEIU on the fast-food liability bill will undoubtedly earn him valuable support at election time.

But the California restaurant industry has been put through the trials of Hercules over the last three years, and restaurants that are still in business, fast-food or otherwise, are not without scars on their balance sheets. This attempt to make franchisees a more lucrative target for lawsuits could be the last straw for many small businesses. If they go out of business, their employees’ jobs go with them.

​ Orange County Register 

HOA Homefront: Election questions swirl as boards avoid, deflect

• February 24, 2023

Q: No one on our HOA board has been elected and they all remain on by default year after year. We never meet quorum. I suspect foul play and would like to have the property manager as well as the board members investigated. I was wondering if you had any ideas on how we can investigate them all. — C.M., Pomona

A: Low voter turnout in HOA elections could be caused by member discouragement, but it also could be caused by contentment and a lack of desire to have different people staff the board of directors. Either way, directors can sit on a board for years without ever being re-elected. There may be some hope on the horizon from Assembly Bill 1458, recently introduced in the California Legislature.

Assembly Bill 1458, by Member Ta of Westminster, would add a new subpart 2 to Civil Code Section 5115(d), allowing a member election that fails for lack of quorum to proceed within 5 to 30 days later, changing the quorum to be those members participating. It’s very early in the legislative session, so it is very difficult to predict if the bill has a chance.

Generally, I find that boards are staffed by well-intentioned people, and outright foul play is rare. However, boards can easily create the impression that they are hiding something when they become defensive in response to criticism and behave in a less transparent manner.

HOAs are little democracies – if you talk to enough neighbors who want a new board, you can elect a new board.

Q: An HOA that I am involved with is holding upcoming elections and is looking for a truly independent inspector of elections. I am wondering whether you know of any paralegals or junior associates who might be willing to perform that function for a modest fee or as pro bono work to enhance their resume. —C.S., Los Angeles

A: The HOA election reforms from 2005 and Senate Bill 61 dramatically changed the way HOA elections are conducted. One new requirement was that an “inspector of elections” be appointed to run the election and count and announce the vote. This created a small cottage industry of election inspector businesses. However, not all HOAs need professional inspectors.

The law allows the board to appoint a volunteer inspector, so long as they are not a director or candidate and are not related to a director or candidate (Civil Code Section 5110(b)). Management and legal counsel can assist the Inspector but cannot act as Inspector.

Q: Can a member waive their “secret ballot” vote and sign, date and return a ballot via e-mail? — D.K., Novato

A: No. California law, unfortunately, does not permit voting for directors, governing document amendments, or major assessments, by any other method than secret written ballots contained in sealed envelopes. The procedure, described in Civil Code Section 5115(c), does not allow for emailing or faxing of a ballot. Interestingly, California HOAs are still the only nonprofit corporations in California that are not allowed to use electronic voting.

Kelly G. Richardson, Esq. is a Fellow of the College of Community Association Lawyers and Partner of Richardson Ober LLP, a California law firm known for community association expertise. Submit column questions to [email protected].

​ Orange County Register 

Mission Viejo football storms to title in the Battle at the Beach passing tournament

• August 18, 2022

Support our high school sports coverage by becoming a digital subscriber. Subscribe now HUNTINGTON BEACH — The sun eventually broke through overcast skies at the Battle at the Beach passing tournament Saturday and made the shades donned on the field by USC-committed quarterback Malachi Nelson of Los Alamitos fit right in. Mission Viejo, however, shined the…

Mets win with circus walk-off in 10th inning on Keith Hernandez Day

• August 18, 2022

What began as a nostalgic day in Flushing honoring Keith Hernandez ended in a dramatic walk-off win for the home team. “We really wanted to try to figure out a way to win a game on Keith’s day,” Buck Showalter said. “The baseball gods shined on us.” The Marlins charged ahead in the top of…0

Dodgers remain committed to Dustin May returning as starter

• August 18, 2022

LOS ANGELES – Fourteen months after undergoing Tommy John surgery, Dodgers right-hander Dustin May is “close” to taking the final step in his rehab. May has been throwing to hitters in live batting sessions at Camelback Ranch for three weeks now. The next step — and final one before he would be ready to rejoin…

Yankees lose 10th-inning head-slapper to Red Sox, 6-5

• August 18, 2022

BOSTON — This is why the Yankees talk about staying hungry. These are the memories that have had them talking since spring training about not letting up. Saturday night, a dropped ball on what could have been an game-ending double play and an extended 10th inning allowed the Red Sox to rally for a 6-5 walk-off…

Hermosa Beach Open: Chase Budinger settling into rhythm with Olympics in mind

• August 18, 2022

Chase Budinger (left) battles Tri Bourne (center) at the net while Trevor Crabb (right) repositions himself during day two of the AVP Hemosa Beach Open on Saturday, July 9. (Eric Licas, Orange County Register / SCNG) Troy Field (right), Tri Bourne (center) and Trevor Crabb (left) compete during the AVP Hermosa Beach Open on Saturday,…

New acquisition Claire Emslie scores winning goal for Angel City over San Diego Wave FC

• August 18, 2022

LOS ANGELES — Claire Emslie arrived in town earlier in the week and officially joined Angel City FC Thursday. By Saturday night, she stamped her name in the Angel City record book with her first goal, which was the winner in the first regular-season meeting between Angel City and San Diego Wave FC. Emslie made…