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Congratulations to Our 2016 Spook Your Space Winners!

Congratulations to our 2016 Halloween Spook Your Space Winners!!

1st Place: Chelsea Anderson

2nd Place: Jack Wesierski

3rd Place: Sofia Farooquee

Congratulations to Chris Wesierski on CAL-ABOTA Board Treasurer

Congratulations to Chris Wesierski who was just elected treasurer on the CAL-ABOTA board. This means that in four years he will be president of CAL-ABOTA which is the statewide organization for American Board of Trial Advocates.

Currently, Chris is serving as co-president of the Robert A Banyard Inn Of Court with Eric Traut for the next two years. Chris is also the President of the Society of Fellows in Orange County.  He is on the board for the Orange County Bar Foundation as well as International Society of Barristers and the Masters Division for Orange County.

Chris Wesierski has been the managing partner for Wesierski and Zurek since 1987 and is now being recognized as a leader by various other organizations.

CHRIS W ABOTA3 without logo


Wesierski & Zurek Sponsors WHW’s “Superhero” April Luncheon

Employment and Beyond 2016 banner

On April 30th, the Orange County community will gather at the Island Hotel in Newport Beach to support local non-profit, WHW (Women Helping Women/Men2Work), at its annual luncheon. Wesierski & Zurek is honored to serve as a sponsor for this Superhero themed event, “Employment and Beyond,” which will feature a robust silent auction, a gourmet luncheon, a fashion show filled with Superhero surprises and an exciting live auction.

WHW is an Orange County non-profit that provides — at no charge or obligation — comprehensive employment support services to empower disadvantaged men, women and teens to achieve economic self-sufficiency through employment success. Funds raised at this event will enable WHW to help disadvantaged job seekers by providing professional attire, resume assistance, interviewing skills workshops, computer training, transportation, and employment workshops.

For more information about WHW or its “Employment and Beyond Annual Luncheon” event, please contact Wesierski & Zurek attorney, and WHW Board Member, Kyle Rowen at

Chris Wesierski will be the 2018 Chair of Orange County Bar Association Masters Division

Mr. Wesierski, currently the OCBA Masters Division Treasurer, will be the Chair of the OCBA Masters Division for the year 2018. The Masters Division of the Orange County Bar Association is relatively new and was founded in 2011 to help service practitioners with 25 years or more experience practicing law. Despite its recent formation, the division serves the purpose of preserving the respect and integrity of the legal profession. By sharing their knowledge and tenure, its members promote the public good and cultivate social awareness amongst its members. The Masters Division strives not just to educate and address issues of its most experienced members, but also to aid in the development of young attorneys in the community and to acknowledge exemplary individuals who have made significant contributions to the legal profession. Chris Wesierski is grateful to continue his membership of the OCBA Masters Division into the year 2018 as Chair.

New Swipe Fee Procedures Will Not Affect Californians

By:   Christopher P. Wesierski & Andrew Brown

January 30, 2013

A recently-approved settlement involving Visa, MasterCard, other financial institutions, and retailers resulted in an agreement that allows retailers to charge customers a surcharge if they purchase goods or services with a credit card. In the past, the retailer was hit with the fee and could not pass it on to the customer. As of 2013, retailers in most states will have the option of passing the fee on to their customers.

In California, however, the legislature has forbidden any such practice. California Civil Code § 1748.1(a) provides:

No retailer in any sales, service, or lease transaction with a consumer may impose a surcharge on a cardholder who elects to use a credit card in lieu of payment by cash, check, or similar means. A retailer may, however, offer discounts for the purpose of inducing payment by cash, check, or other means not involving the use of a credit card, provided that the discount is offered to all prospective buyers.

California is not the only state to offer such protection for those using credit cards, as Colorado, Connecticut, Florida, Kansas, Maine, Massachusetts, New York, Oklahoma, and Texas also have laws banning surcharge fees.

If a retailer in California does pass a surcharge onto the purchaser, the purchaser can simply make a written demand for refund of any surcharge, and the retailer must comply. (California Civil Code § 1748.1(b).) If the retailer refuses to provide the refund, they are liable to the cardholder for three times the amount of actual damages, which will most likely be the surcharge itself (barring extraordinary circumstances). (Id.) In seeking the refund, the purchaser has the option of utilizing small claims court if the warranted treble damages and attorneys fees and costs, if any, do not exceed the jurisdictional dollar-limit. The current small claims value limit, which was increased in 2012, is $10,000. (California Code of Civil Procedure § 116.221.) If small claims court is utilized, the purchaser will not be allowed to have legal representation and they will have to present the case themselves. On the upside, bringing the case in small claims court will help the purchaser avoid legal costs and fees.

There are exceptions to California’s statute. First, the statute does not apply when a consumer uses a credit card to place an order via telephone, if only cash is accepted at the public store or other facility of the same retailer. (California Civil Code § 1748.1(c).) Further, the statute does not apply to charges by payment for credit card or debit card made by an electrical, gas, or water corporation and approved by the Public Utilities Commission. (California Civil Code § 1748.1(f).)

Retailers who want to incentivize customers to pay with cash, check, or other means, have the option set forth above under California Civil Code § 1748.1(a) to offer discounts for the purpose of inducing payment by cash, check, or other means not involving the use of a credit card, so long as the discount is offered to all prospective buyers.

Chris Wesierski to be Featured Speaker at ASCDC Seminar in Los Angeles on March 1, 2013

On Friday, March 1, 2013, Chris Wesierski will be a featured speaker on the topic of “Civility Matters” at the Association of Southern California Defense Counsel 52nd Annual Seminar.  The seminar will held at the Millennium Biltmore Hotel in Los Angeles.  Karl Rove will be the keynote speaker. 

The brochure for the Civility Matters seminar describes the 1.5 MCLE credit in Legal Ethics course as “a program that uses real life examples of incivility to illustrate what you do not want to do.  The law is a profession, not a business. Civility is profitable and it makes life a lot easier.  Scorched earth tactics waste time and money and rarely lead to success.  Civility takes some effort and the panel will discuss strategies for achieving a more enjoyable practice of law.”

Joining Mr. Wesierski on the three-person panel will be The Honorable William W. Bedsworth, Associate Justice, 4th District Court of Appeal and William B. Smith, Esq. of Abramson Smith Waldsmith.

Chris Wesierski 2013 Super Lawyers

Chris Wesierski has been selected by Super Lawyers and ranked in the top 50 attorneys in Orange County pursuant to nomination, research and blue ribbon process.