California Business Legal Questions

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453 legal questions have been posted about business law by real users in California. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include business formation, business litigation, and business planning. All topics and other states can be accessed in the dropdowns below.
California Business Questions & Legal Answers - Page 13
Do you have any California Business questions page 13 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 453 previously answered California Business questions.

Recent Legal Answers

What was your GPA in highschool?

Answered 12 years and 4 months ago by attorney Bruce Robins   |   1 Answer   |  Legal Topics: Business
I have no idea what my high school g.p.a. was, and nobody else has cared since I graduated college.  Nobody cared about my college g.p.a. after I graduated law school.  I do know that my law school g.p.a. was higher than either high school or college.  As long as your high school record is good enough to get you into college (even if it isn't now, you have time to improve enough since you are only a sophomore), you will basically get a fresh start.  Do well in college (and you don't have to do that well, it isn't that hard to get into law school) and you will get into law school and become a lawyer.... Read More
I have no idea what my high school g.p.a. was, and nobody else has cared since I graduated college.  Nobody cared about my college g.p.a. after... Read More

Can they do that?

Answered 12 years and 4 months ago by attorney Bruce Robins   |   1 Answer   |  Legal Topics: Business
Did you have a contract which specifiied a duration (i.e. a two year employment contract) or that you could only be fired for specified reasons (i.e. employee can only be fired for good cause)?  If not, you could be fired at any time for any reason, other than those reasons prohibited by statute, such as based on your race, age, religion, gender, certain whistleblowing activities, etc.  Do you believe that you were fired for one or more of these prohibited reasons?  If so, you may have a case, but otherwise probably not.... Read More
Did you have a contract which specifiied a duration (i.e. a two year employment contract) or that you could only be fired for specified reasons (i.e.... Read More

What can I do if an employer issues me a paycheck and there are insufficient funds ?

Answered 12 years and 5 months ago by Richard Norman Grey (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
File a Complaint with the California Labor Commissioner's office - DLSE.
File a Complaint with the California Labor Commissioner's office - DLSE.

Is it legal for the Union to force a non Union shop into being a Union shop?

Answered 12 years and 5 months ago by attorney Bruce Robins   |   1 Answer   |  Legal Topics: Business
Labor law is a complicated matter, some of its provisions vary from state to state, and I am not an expert.  However, it is pretty basic that employees have the right to unionize, and that you can't fire an employee just for becoming a union member.  You are still running the company, you just have to negotiate terms of employment collectively, with the union, rather than with each employee separately.... Read More
Labor law is a complicated matter, some of its provisions vary from state to state, and I am not an expert.  However, it is pretty basic that... Read More

Will I get paid what is owed if a company files Chapter 7?

Answered 12 years and 5 months ago by attorney Bruce Robins   |   1 Answer   |  Legal Topics: Business
Assuming you have no security interest (such as a mortgage lien, or mechanic's lien, securing the amount you are owed), probably not.  In a chapter 7 bankruptcy, the trustee in bankruptcy tries to amass all of the debtor's assets (including accounts receivable, equipment, etc.) and liquidates them.  Creditors are paid out of the amount received, and each creditor is paid pro rata with other creditors of that class.  However, there certain classes of creditors, including administrative claims (e.g. the expenses of administering the bankrupt estate such as fees of the bankruptcy trustee, auctioneers, etc.), taxes, and secured creditors, which are paid in full before unsecured creditors, and there is often nothing left to pay unsecured creditors, or only enough to pay them pennies on the dollar.... Read More
Assuming you have no security interest (such as a mortgage lien, or mechanic's lien, securing the amount you are owed), probably not.  In a... Read More

I have a complex business situation that involves a business method that is being patented. By any standard, this business method has huge value.

Answered 12 years and 5 months ago by Richard Norman Grey (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
I would start with an attorney whose practice involved business law. . .
I would start with an attorney whose practice involved business law. . .
Yes.  You can't escape your obligations under the lease unless your landlord consents to letting you off the hook.
Yes.  You can't escape your obligations under the lease unless your landlord consents to letting you off the hook.

Voluntary foreclosure

Answered 12 years and 6 months ago by attorney Bruce Robins   |   1 Answer   |  Legal Topics: Business
Assuming there are no other creditors, you would receive any overage, that is any money from the foreclosure sale above the amount you owe (which would include interest and various fees) would go to you.  However, any property sold at foreclosure or any type of distress sale will go for a lower price than if sold in the normal course of business, probably nowhere near what you think is the fair market value.  There are also fees associated with foreclosure sales which will have to be paid "off the top".... Read More
Assuming there are no other creditors, you would receive any overage, that is any money from the foreclosure sale above the amount you owe (which... Read More

Reselling PDF ebooks

Answered 12 years and 6 months ago by attorney Bruce Robins   |   1 Answer   |  Legal Topics: Business
Almost certainly, yes.  Those books are almost certainly copyrighted, and the purchase contract you agreed to almost certainly prohibits you from copying and reselling them.
Almost certainly, yes.  Those books are almost certainly copyrighted, and the purchase contract you agreed to almost certainly prohibits you... Read More

What are my rights? How will I get this resolved with out having him sell my car?

Answered 12 years and 7 months ago by Codi Morris Dada (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
This case will cost you more to fight than your mechanics bill.  Because you voluntarily brought your car to the mechanic and voluntarily bought the parts and brought them to him consent can be found through implication.  The fact that you did not sign anything only means that he can not take advantage of you.  If his prices are within the range that other mechanics would charge you you can not get out of paying because you did not sign anything.  The storage fee should have been disclosed and you might be able to negotiate if the proper legal arguments are made. ... Read More
This case will cost you more to fight than your mechanics bill.  Because you voluntarily brought your car to the mechanic and voluntarily bought... Read More

How can I get out of contracts created in a family business?

Answered 12 years and 7 months ago by Codi Morris Dada (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
Law Office of Codi M. Dada Novato Ca. 94945 dadalaw@comcast.net I'm sorry to hear of your circumstances.  It might be possible to show that the company took advantage of your illness.  If the circumstances indicate wrongdoing you can rescind the agreement.  This require a very precise course of action to prevent further legal disputes.   I might be able to help you in this matter after reviewing your case.  If you like, I invite you to contact me so I can get a better understanding of the circumstances. Best Regards, Codi M. Dada, Attorney at Law... Read More
Law Office of Codi M. Dada Novato Ca. 94945 dadalaw@comcast.net I'm sorry to hear of your circumstances.  It might be possible to show that... Read More

what type of lawyers take care of company registration, takming business licenses and visa application all together?

Answered 12 years and 7 months ago by Codi Morris Dada (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
Law Office of Codi M. Dada Novato Ca. 94945 415-827-1425 dadalaw@comcast.net Generally the Practise of law requires a high degree of knowlege. Often times each lawyer finds an area they have become comfortable and profitable in and thus are able to llimit their practise to small segments of any particulr discipline.  If you truly want a one stop shop, you should seek out large corporate law firms who employ hundreds of lawyers.  However, with this option you will be paying premium prices and most likely will be assigned a differnt associate attorney for each type of law involved.  THus there is not much advatage to this type of arrangement.  Another common scenario is finding an attorney who is willing to learn variious types of law in order to attract a steady stream of business from a company who is precieved as a good long term investment.  Another possible scenario is that your issues can be handled by a corproate lawyer who is wiling to educate themselves in some immigration law.  This depends on the preception the lawyer has of your company.  If your company can earn the trust and loyalty of an ambitious attorney there is a high probability that the lawyer will have the personal motivation to gain the knowlege needed to satisfy your companies legal needs.  I invite you to contact my company so I may gain a more precise understanding of your precise needs.  At this time I can perhaps direct you with more specificity.  I understand immigration law and how it is can greatly assist certain companies by permitting the most skilled and talented employess to contribute valuable skills that may have otherwise been lost becuase of the inability to enter the United States.  I beleive I can assist you. Best Regards, Codi M. Dada Attorney at Law... Read More
Law Office of Codi M. Dada Novato Ca. 94945 415-827-1425 dadalaw@comcast.net Generally the Practise of law requires a high degree of knowlege.... Read More

What do I do? 16 years old, working online.

Answered 12 years and 8 months ago by Codi Morris Dada (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
Yes you must pay taxes on your earnings.  Yes, why would you not be able to put it on your resume.  Most importantly is that you should make sure that what you are doing for this company is legal.  Because the company is based in India it will be very difficult and expensive to pursue any legal claims against them if something wrong were to occur.  If you are doing something against the law you will get in trouble.  Also, if the company does not pay you, it will cost more to get them to pay you then you probably will get paid.  There is always risk in working with a company outside of the United States.  Make sure you investigate this company to ensure they are legitamate and obeying U.S. Laws.  If anything goes wrong most likely you will be responsible because the company will be difficult to hold to U.S. jurisdiction.  Just because you do not know that something is illegal is not an excuse. You will be held accountable for any misconduct arising from your job.   Make sure what you are doing is legal.  If you want me to research the legality of your activities I will need to know specifically what it is you are doing for this India company.  Beware. Ignorance is not a legitimate excuse to breaking the law. Best Regards, Codi M. Dada, Attorney at  Law.... Read More
Yes you must pay taxes on your earnings.  Yes, why would you not be able to put it on your resume.  Most importantly is that you should... Read More

I own a restaurant, sold the equipment, all papers signed by buyer/new owner to take over as of 8/5/13.

Answered 12 years and 8 months ago by Cristian Raul Arrieta (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
Assuming the contract calls for immediate payment of the purchase price, you can certainly "go after him for the agreed purchase price."  Hopefully, there was a written agreement that included a clause providing that the prevailing party to a dispute will be entitled to attorney's fees in addition to damages. ... Read More
Assuming the contract calls for immediate payment of the purchase price, you can certainly "go after him for the agreed purchase price." ... Read More

Can our LLC FILE BANKRUPTCY WHEN ALL WE HAVE ARE CREDIT CARD DEBTS?

Answered 12 years and 8 months ago by attorney Mitchell Reed Sussman   |   1 Answer   |  Legal Topics: Business
Yes an LLC is an entity that can file for bankruptcy. But why? There are many other ways to deal with this including an assignment for benefit of creditors or a simple winding up of the LLC.   More information can be obatined from by website www.losangelesrealestateattorney.com or calling my office at 800 - 233 - 8521.   Mitchell Reed Sussman Attorney at Law... Read More
Yes an LLC is an entity that can file for bankruptcy. But why? There are many other ways to deal with this including an assignment for benefit of... Read More

What type of business entity should I use if I am going to invest in commercial real estate?

Answered 12 years and 9 months ago by Richard Norman Grey (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
Either an LLC or C-Corp will provide you with the protections you are seeking.  The LLC would be a little less formal to manage.  Either one should give you access to financing.  Good luck with your venture.  c
Either an LLC or C-Corp will provide you with the protections you are seeking.  The LLC would be a little less formal to manage.  Either... Read More

How long is the statue of limitation for an old business partner/founder to sue?

Answered 12 years and 10 months ago by Richard Norman Grey (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Business
Do you have a written partnership agreement?  If so, the limitations perios would be three years. You should consult with a business attorney in your local area.
Do you have a written partnership agreement?  If so, the limitations perios would be three years. You should consult with a business attorney in... Read More

is it illegal to work 11 days straight?

Answered 12 years and 10 months ago by Codi Morris Dada (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
It is not illegal to work 11 days straight assuming you are legally permitted to work.  However, there are mandatory overtime wage regulations which require the employer to pay increased pay.  Assuming you are a hourly employee.  If you are on salary this is different.  More detail is required to completely answer your question.  I invite you to contact me so we can discuss the specific details of your situation.... Read More
It is not illegal to work 11 days straight assuming you are legally permitted to work.  However, there are mandatory overtime wage regulations... Read More

Do I have the right to expect the common area landscaping to receive sufficient watering to retain green grass throughout the summer months?

Answered 12 years and 10 months ago by Codi Morris Dada (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
Depending on what the CC&R document declares your expectation may or may not be reasonable.  You should locate and read the CC&R's which shoould be recorded in your counties recorders office.  This should explain the duties and obligations of the HOA as it relates to common area landscaping.  If you would like assistance in interpreting this document and explaining your rights, I invite you to contact me at 415-827-1425... Read More
Depending on what the CC&R document declares your expectation may or may not be reasonable.  You should locate and read the CC&R's which... Read More

I have a question about copyright infringement on the internet

Answered 12 years and 11 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
No. The law of copyright protects works of authorship, such as books and audio recordings, against unpermitted copying. In your facts, there is no copying. Everyone is free to tell his or her story and, in doing so, to make truthful reference to the places where one has been employed.
No. The law of copyright protects works of authorship, such as books and audio recordings, against unpermitted copying. In your facts, there is no... Read More

Is a license required to practice free-lance makeup in the state of California

Answered 12 years and 11 months ago by Richard Norman Grey (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
Yes. a license in cosmotology will be needed. In order to obtain a license in the state of California, students must complete the requirements of the California State Board of Cosmetology. When getting a California cosmetology license, you must attend a licensed school and complete the state of California's minimum required training hours and then take the state's cosmetology board exams. After finishing your training, you are required to pass a licensing exam issued by the California State Board of Cosmetology. Once you pass this exam, you will receive your California cosmetology license and be able to work in the state of California.... Read More
Yes. a license in cosmotology will be needed. In order to obtain a license in the state of California, students must complete the requirements of the... Read More

restaurant does not inform you of meat in your sandwhich that is premade

Answered 12 years and 11 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
If you are kosher or have allergies (e.g. peanuts), it is your responsability to verify what you eat even if you can't easily verify from the outside of the package. Many premade foods have the contents printed on the label. Unless advertised as "kosher" I think you have no claim.
If you are kosher or have allergies (e.g. peanuts), it is your responsability to verify what you eat even if you can't easily verify from the outside... Read More

The collection co. For waste management told me they would accept 600. To settle a 1200. Bill & for me to write paid in full on my check and account n

Answered 12 years and 11 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
The correct terminology was not "paid in full" but "full accord and satisfaction".
The correct terminology was not "paid in full" but "full accord and satisfaction".

Banking

Answered 12 years and 11 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
You need to see a business litigator immediately to protect your interests in the business. I don't think the bank is the proper defendant but rather your "partner".
You need to see a business litigator immediately to protect your interests in the business. I don't think the bank is the proper defendant but rather... Read More

It is a must that we have a representative with SSN or Tax ID in order to register a company

Answered 12 years and 11 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
Our office sets up LLCs and corporations for non-resident aliens all the time. No SSN is required and the business entity will obtain its own FEIN. The rest of your question is very fact specific to the business you are in, who is involved, etc. and requires a client interview.
Our office sets up LLCs and corporations for non-resident aliens all the time. No SSN is required and the business entity will obtain its own FEIN.... Read More