The Truth About Hal Rosner
ROSNER & BARRY PUT THEIR INTEREST FIRST - NOW PLAINTIFFS  OWE $1.5 MILLION! 

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Recent Posts

  1. Yes, Mr. Stone You Really Do Owe Raceway Ford $1.5 Million
    Friday, May 04, 2012
  2. Raceway files $1.9 Million Cost & Fee Motion
    Monday, March 26, 2012
  3. Advice to Stone vs Raceway Plaintiffs
    Wednesday, August 03, 2011
  4. Judge Enters Original Raceway Decision - Raceway Wins & Rosner Loses
    Wednesday, August 03, 2011
  5. The Fourth District Court of Appeal, Div. 2 Issued New Writ which directs trial court to vacate its reversal of the trial decision due to Nielson v Pearson
    Wednesday, March 23, 2011
  6. Petition to Depublish the Nelson Opinion on Behalf of Auto Dealership Employees
    Thursday, September 09, 2010
  7. Randel Macathren's Declaration for Raceway Ford's Backdating Case
    Monday, September 06, 2010
  8. Nationally Known Experts Declaration on Backdating
    Monday, September 06, 2010
  9. Another Judge Agrees With Our Novation and Consummantion and Decides Against Rosner's Plaintiff
    Monday, September 06, 2010
  10. A Good Litigation Plan Can Stop Hal Rosner
    Friday, September 03, 2010

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I have been employed in the field of automobile retail sales since 1976. Since 1997, I have been the General Manager of Raceway Ford. In total I have worked in auto dealership management, including compliance, finance and accounting for 36 years. Over the course of my career in the auto business, I estimate that I have personally calculated the disclosures on over 10,000 contracts and supervised those calculations on over 50,000 contracts. I am conversant with the ASFA and the Single Document Rule, Regulation Z in conjunction with the Truth in Lending Act, the CRLA, the UCL and I have given expert testimony on dealer transactions in California. Much of my knowledge of these subjects has been as a result of eight years of litigation by Plaintiff’s Attorney Hallen Rosner on behalf of numerous plaintiffs against Pearson and Raceway. I have been actively involved in defending Raceway Ford in “backdating” litigation, Stone v Raceway Ford (case number RIC JCCP 4476), since 2004.

LINKS TO THE LAWYERS WHO BEAT ROSNER

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Yes, Mr. Stone You Really Do Owe Raceway Ford $1.5 Million

 


 




HONORABLE JUDGE DALLAS SCOTT HOLMES, PRESIDING

CLERK: C. ZUNIGA

COURT REPORTER: S. LAYTON

RACEWAY FORD INC REPRESENTED BY CALLAHAN, THOMPSON,SHERMAN & CAUDILL - KELLIE S CHRISTIANSON PRESENT.

ROBERT LOVERSO, RACEWAY FORD INC REPRESENTED BY GELLER, STEWART & FOLEY - MICHAEL S GELLER PRESENT.

HAWK BARRY REPRESENTING PLAINTIFFS PRESENT

AT 11:00, THE FOLLOWING PROCEEDINGS WERE HELD:

COURT HAS READ AND CONSIDERED MOVING PAPERS.

COURT ISSUES TENTATIVE RULING.

COUNSEL ARGUE.

COURT MAKES THE FOLLOWING ORDERS:

MOTION FOR COSTS GRANTED.

MOTION FOR ATTORNEY FEES GRANTED IN PART.

COURT FINDS RACEWAY FORD TIMELY FILED ITS MEMORANDUM OF COSTS AND ITS MOTION FOR

ATTORNEYS FEES. PLAINTIFFS DID NOT TIMELY CONTEST THE COST MEMO, SO RACEWAY FORD IS

ENTITLED TO ALL OF ITS COSTS AS CLAIMED.

-

THERES NO CONTRACTUAL RIGHT TO ATTORNEYS FEES BUT THERE IS A RIGHT TO ATTORNEYS FEES UNDER

THE ASFA. THERES NOT ANY APPORTIONMENT OF FEES HERE. AND THE AMOUNT OF FEES THE COURT IS

DETERMINING UNDER GRACIANO IS 4918.6 HOURS TIMES $300 FOR A TOTAL OF $1,475,580. LESS $7,200 FOR

TIME AS A FAIR REPRESENTATION AS CLOSE AS THE COURT CAN COME TO IT FOR THE TIME SPENT ON MR.

SALCEDO AS A SEVERABLE ITEM. MR. SALCEDO IS NOT LIABLE FOR RACEWAYS COSTS OR FEES BECAUSE HE

PREVAILED AND THATS THE REASON FOR THE $7,200 DEDUCTION WHICH IS AS NEAR AS THE COURT CAN COME

TO A FAIR CALCULATION AT THIS POINT. IN ADDITION, THE INDIVIDUAL PLAINTIFFS WHO VOLUNTARILY

DISMISSED THEIR CASE ALSO ARE NOT LIABLE FOR RACEWAY FORDS COSTS OR ATTORNEYS FEES.

FORMAL ORDER TO BE PREPARED, SERVED AND SUBMITTED BY COUNSEL FOR RACEWAY FORD, MS. CHRISTIANSON

NOTICE WAIVED.
Posted by Tom Owings at 5/4/2012 3:29 PM | Add Comment

Raceway files $1.9 Million Cost & Fee Motion

 

              To Plaintiffs Carl Stone, Debora Stone, Francisco Salcedo, Anselmo Alaniz, Helen Flores, Ernest Miles, Gloria Mendez, Rosana Martinez, Rene Lopez Romero, Joe Contreras, Edelmira Contreras, Jonathan Ott, Martha Ott, Eldridge Johnson, Elisha Mejia, Mable Armstrong, Macon Pollard, Ozetta Pollard, Suzanna Moreno, Zenaidia Diaz, Randal Kidd and their Attorneys of Record:

WE WON

 

HAL  LOST 

Now His Clients Must Pay!

Finally,  our $1,900,000 Fee Motion has been filed.   When you win an ASFA case provisions in the ASFA awards fees to the prevailing party.  Click here to see the Motion Stone Cost & Fee Motion.  


Posted by Tom Owings at 3/26/2012 4:37 PM | Add Comment

Advice to Stone vs Raceway Plaintiffs

Retain a Competent Malpractice Attorney

Civil Legal Malpractice – I understand you trusted your lawyer and believed they would act with your best interests in mind.  However, if they fail to act appropriately, your property and money are in jeopardy.  In this case Rosner & Barry may have committed a Breach of fiduciary duty if they did not warn you about the downside of the litigation.  I bring this up because on several occasions I witnessed Hawk Barry assure many of you that you would not be responsible for Raceway’s attorney fees if Raceway prevailed.

Statutes of Limitations - Don't Wait to File Your Claim - In cases of lawyer malpractice, you only have one short year within which to file your lawsuit.  Basically, the year starts to run when two things happen: 1) the client knows or has a reasonable belief that the attorney was negligent; and 2) this negligence has caused damage to the client.  There are certain things which delay the start of the one year time period.  If you believe you have been the victim of Rosner’s and Barry’s misconduct or negligence, you should contact an experienced legal malpractice attorney as soon as possible.  One such attorney is Tetley Law Offices in Riverside.  They may be reached at contact  or by calling (951) 781-7500.

Posted by Tom Owings at 8/3/2011 5:41 PM | Add Comment

Judge Enters Original Raceway Decision - Raceway Wins & Rosner Loses

Latest Decision in Stone v Raceway Ford

"Pursuant to the Peremptory Writ of Mandate from the Court of Appeals, Fourth Appellate District, Division 2, dated may 24, 2011, this court vacates its April 16, 2010, Statement of decision and, instead, enters a judgment nun pro tunc to June 10, 2010, in conformity with that April 16, 2010, Statement of Decision."

Posted by Tom Owings at 8/3/2011 5:34 PM | Add Comment

The Fourth District Court of Appeal, Div. 2 Issued New Writ which directs trial court to vacate its reversal of the trial decision due to Nielson v Pearson


The Fourth District Court of Appeal, Div. 2 Issued new writ, directing the trial court to vacate its reversal of the trial decision, and to instead enter judgment in Raceway’s favor, nunc pro tunc to June 10, 2010, in conformity with the April 16 statement of descission.  Let The Fee Motions Begin!!!

Writ Decision of Court Appeals  
Posted by Tom Owings at 3/23/2011 6:53 PM

Petition to Depublish the Nelson Opinion on Behalf of Auto Dealership Employees

Tom Owings Petition for Depublication of Nelson Opinion
Posted by Tom Owings at 9/9/2010 5:43 PM | Add Comment

Randel Macathren's Declaration for Raceway Ford's Backdating Case

Statement_of_Randall McCathren for Raceway Ford Backdating Cases
Posted by Tom Owings at 9/6/2010 12:25 AM | Add Comment

Nationally Known Experts Declaration on Backdating

Randell McCathern Declaration on Backdating in the Nelson Case
Posted by Tom Owings at 9/6/2010 12:19 AM | Add Comment

Another Judge Agrees With Our Novation and Consummantion and Decides Against Rosner's Plaintiff

Robledo v Perry Ford Backdating Decison
Posted by Tom Owings at 9/6/2010 12:05 AM | Add Comment

A Good Litigation Plan Can Stop Hal Rosner

So far Hal Rosner has been successful shaking down car dealers, insurance companies, and defense lawyers with smoke and mirrors about backdating.

Insurance companies more often than not hire “cheap” lawyer to defend dealers who do not have sufficient automotive litigation experience. This lack of experience makes it easy for them to buy into Rosner’s scam legal theories.  They then become predisposed to settle rather than risk losing.  A few proceed but without a workable defense plan are doomed to failure.   This scenario is exactly what Rosner counts on.  He has spent six years perfecting this scam and most defense attorneys have not defended a single back dating case.  If insurance companies were smart they would hire attorneys that can win no matter what their hourly rate.  In the long run the client and the insurance company would come out ahead.

Settling has only fed the monster and Rosner is filing dozens of new suits across the state.  Dealers and insurance companies must beat him in court and recover fees from his plaintiffs; that is how he will be stopped. He is much too greedy to go away on his own and so far he has succeeded by intimidation not legal acumen.   

Hopefully, this site will become a place where strategies and tactics can be exchanged and be a resource for dealers and their lawyers.   For my part I will continue to post information from lawyers who have been successful against Rosner in hopes they will benefit Rosner’s latest targets.

These entries are my opinions and the documents speak for themselves.

Posted by Tom Owings at 9/3/2010 5:01 PM | Add Comment

Charles "Mike" Michaelis The Expert of all Automotive Experts Opines on Backdating

Mike Michaelis Outlines How to Defend Backdating

Charles "Mike" Michaelis

  - Lawyer Profile
 

Charles "Mike" Michaelis

Of Counsel
 
Prenovost, Normandin, 
Bergh & Dawe, 
A Professional Corporation
2122 North Broadway, Suite 200
Santa Ana, California  92706-2614
(Orange Co.)

Telephone: 714-602-3843
Fax: 714-835-2889
http://www.PNBD.com



Experience & Credentials
 


Practice Areas Dealership Law; Automotive Franchises and Dealerships; Administrative Law; Financial Institutions Litigation; Creditors Rights; Collections
 
University California State University of Long Beach, B.A., cum laude, 1972
 
Law School Southwestern University School of Law, J.D., 1975
 
Admitted 1975, California
 
Memberships Orange County Bar Association.
 
Special Agencies Orange County Automobile Dealers Association; Long Beach New Vehicle Dealers Association; San Diego Automobile Dealers Association.
 
Biography Author, "California Automobile Dealer's Handbook of Vehicle Registration Practices and Procedures"; Author, "Handbook of Vehicle Advertising in California"; Author, "California Auto Dealer's Handbook of Credit Report Use and Creditor Obligations". Managing Editor, "Southwestern Law Review". Judge Pro Tem, South Orange County Municipal Court.




Posted by Tom Owings at 9/3/2010 2:27 PM | Add Comment

Kellie Christianson’s Blue Print to defeat Backdating Allegations

How Raceway Won - The Blueprint to defeating Backdating Claims
Posted by Tom Owings at 9/3/2010 2:23 PM | Add Comment

Loverso v Hallen Rosner & Christopher "Hawk" Barry

Click below to see the compaint in Loverso v. Rosner

Hawk and Hal Get Sued!  
Posted by Tom Owings at 5/6/2010 6:04 PM | Add Comment

Ethics Expert Opinion About Rosner Fee Agreement

Ethics Expert Opinion About Rosner Fee Agreement


Boyd Lemon was hired to look at the Sisneros v Shaver Auto Case on behalf of Carol Sisneros.  Mr. Lemon has emphasized litigation and trial work in his practice, and for the past 20 years has emphasized legal malpractice, attorney fee disputes and other attorney conduct matters.  He has been the litigation department chair of three law firms, including one with more than 125 attorneys; and has been on the executive committee of two of those firms and the managing director of one.  As litigation department chair he was responsible for each firm’s billings in litigation matters. 

 

Clink on the Link to see Mr. Lemon’s thought on Rosner Fee's.




Malpractise Epert Opinion About Rosner Tactics
Posted by Tom Owings at 5/6/2010 2:54 PM | Add Comment

Latest Rosner Sham Suit Alledging Inaccurate DMV Fees Is Completely Defensible - Don’t Cave In

Rosner's latest scam lawsuits involves alleged ASFA violations due to inaccurate license fees on the RISC.  Almost every dealer in California violated the ASFA according to Rosner.   It is rumored that HARCO settled a case with Rosner in Southern California involving inaccurate DMV fees for $500K.  If so, shame on them because this so called violation is completely defensible as is proved by this recent  Third District Appellate Court Holding:


Bermudez v. Fulton Auto Depot LLC
Posted by Tom Owings at 4/29/2010 3:26 PM | Add Comment

HAWK'S INVITATION TO REMEDIAL ETHICS SCHOOL - DID HE FAIL?



I assisted Carol Sisneros in a Complaint to the California Bar, which resulted in the following letter being sent.  Ms. Sisneros gave me the letter when she recieved from the Bar and here it is.Please click on the link below to see the letter.

(The Bar gets Christopher "Hawk" Barry's name mixed up on the letter, but it is Hawk Barry they are talking about.  You got to wonder about a guy who changes his anme to Hawk.  I lovingly refer to him has Hawky Puck!

Hawks Bar Invitation to Ethic School



Posted by Tom Owings at 4/6/2010 5:34 PM | Add Comment

FOURTH DISTRICTS CALLS ROSNER'S SUIT A SHAKEDOWN ---


In oral arguments for Quatman v Raceway Ford the Fourth District Court of Appeals commented that Rosner was pursuing a Frivolous Law Suit ...



Court of Appeals Calls Rosner Law Suit Frivolous (see transcript oral arguments19:3) 


And in the verdict the court states Rosner did not confer a "public good."

CLICK HERE TO SEE QUATMAN v RACEWAY FORD APPEAL VERDICT
Posted by Tom Owings at 4/6/2010 4:13 PM | Add Comment

STONE v RACEWAY DECISION HAL GOES DOWN IN FLAMES

Posted by Tom Owings at 4/6/2010 2:08 PM | Add Comment

THE ONLY WAY TO RID OURSELVES OF ROSNER IS TO BEAT HIM IN COURT!


Welcome to my blog. My name is Tom Owings and I have worked in the Inland Empire's automotive industry since 1985 and watched the ambulance chasers like Hal Rosner reap millions at the expense of honest dealers over what amount to trivial clerical mistakes.
Fortunately, I have worked for the last 15 years for a man of principle who who were insured by principled companies like HARCO, which have  allowed me to fight him and beat him.  I never believed I would need a law degree to survive in the car business, but thanks to Hal Rosner I have earned a degree from the law school of hard knocks.  
For over ten years, I have fought Hal Rosner successfully and I can assure you he can be defeated. I won't say it is easy, but I will say any competent lawyer can beat him if he doesn't fall for the smoke and mirrors that Rosner uses to misdirect most lawyers.  
The defense on back-dating is straight forward and does not need expert witnesses or Reg Z. interpretations.  All that is needed is common sense.
Dealers must stop settling with Rosner and start beating him in Court.  I know how to beat him and I can you how to stand up to this form of legalized extortion.  
Insurance Companies are willing and all they need are courageous defendants willing to put in the time necessary to put this type of litigation where it belongs; in the trash bin.
Please feel free to post any questions or comments and just so Hal doesn't sue; these are just my opinions and the documents speak for themselves.

As always, 
Tom Owings
Posted by Tom Owings at 4/5/2010 1:44 PM | Add Comment

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Note to Hawk & Hal:These comments are my opinions and as such are protected speech. Any attempt by you to force removal will probably not survive a SLAP motion...  and if you lose you will owe more attorney fees.