California Business Legal Questions

You can reside outside of the US and sue in the US. You will have to appear in the US for trial (trials by declaration are not permitted) and perhaps for your deposition. Some of your damages will not be recoverable, such as the speculative amount the app would/could have made. Your overhead probably is also not recoverable. Litigation is expensive and it is very unlikely that any lawyer would accept this case on a contingent/percentage basis, but only on an hourly basis. ... Read More

US cirizens and permanent residents are permitted to open offshore accounts so long as the y disclose them on their tax returns and pay US tax on their worldwide income (less any tax treaty benefits. PS I am not a tax lawyer.) Then it is up to the brokerage company as to whether they accept "Americans". ... Read More

If there were litigation in which test messages you received or sent were relevant, they could be subpoenaed whether they were personal or business-related.  However, messages which were not relevant to the litigation could not be subpoenaed, again, regardless of whether they were personal or business-related.  Of course, the side seeking the records will often claim that communicaitons are relevant which the person who has the information says is not relevant, and often courts will err on the side of giving greater latitude in discovery.... Read More

I'm not sure whwt you mean by "straw man" in this context, but I am pretty sure that using the same merchant credit card account is a bad idea. By "companies", I assume you mean independent legal entities, like corporations or llcs, and I assume that one of the reasons that you set up, or will set up, independent legal entities is to avoid personal liability for the entities' obligations.  You would jeopardize this liability shield if you didn't run the companies as independent entities, but rather commingled their operations.  This could very well lead to a "piercing of the corporate veil" making one company liable for the other's obligations, and could even lead to you personally being liable for the entities' obligations.... Read More

Your partnership agreement is the first place to look for your rights and responsibilities upon leaving the partnership (dissociation).  If the partnership agreement does not fully explain how a partner dissociates or how to dissolve the partnership, then California statutory law takes over.  This is complex.  Call or email an attorney for a full consultation.... Read More

Unfortunately, if you are a general partnership, any partner can create unlimited liability for the partnership.  You will want to terminate the partnership and divide the business up equally, or one of you buy out the other.  As far as a lawsuit, there are a number of causes of action that you can take.  Contact an attorney for a full consultation.... Read More

Hi Daniel, If the statement that your employer made is false than you may very well have a claim against him for defamation. The key in a defamation claim is proving that damages resulted from the statement.  If you can't show actual damages, you still likely have a claim because of the nature of the accusation (i.e. criminal or fraudulent conduct) but your claim might not be as strong. Let me know if you would like to discuss. Thanks,Jon... Read More

Since this has been ongoing for as long as it has, it may be time for you to have an attorney send them a letter setting forth what has happened and insisting that it not happen again.  The difficulty here is that it sounds like more of a nuisance (taking your time responding, etc.) than a real financial hardship, so you have to decide whether it is worth spending a little bit of money (several hundred dollars likely) to try to stop the problem.   Thanks,Jon... Read More

Short answer: no.  It is against the licensing laws to have an RMO who is not actually involved in the business.  You need to get your own license.  Cal Bus & Prof Code §7068.1 mandates the active involvement of the qualifying person in the business of the licensed entity.  ... Read More

Generally a signed purchase order is an enforceable contract, assuming that it contains all the necessary contractual terms.  While I know of nothing that would prevent your customer from seeking information about your costs from your supplier, that would no justify breaching the contract by paying less than the agreed price.... Read More

Not only do you need a warranty, a liability waiver, but yo wil also have to register as a foreign corporation and need to have a long discussion on the subject of insurnance. Since the downside (loss of a house due to fire) is so big, this is not like selling handbags into the state. ... Read More