California Business Legal Questions

You don't need a fictitious business name (dba statement) if the company name is the same as the LLC filing documents. If, however, you are Southland Corporation doing business as 7-11, then you do. For online businesses, if you have an office and a bank account in a city, the prudent thing is to get a business license from that city. The costs are small compared to the potential penalties.... Read More

You should just start to file your documents and see if anyone bounces them Start with your dba. Then get a tax ID number for the FEIN. Neither is a "contract". They are registrations required under administrative regulations. For your business team, you must have a CPA, even though you do your bookeeping yourself on off the shelf software. Having an attorney who gets to know you over time that you can turn to is generally a good idea. Finally, many businesses require or would benefit from insurance coverage. It's a team approach. Used intelligently this team becomes a cost saver, not a cost, at compliance and risk avoidance. If you run into an obstacle, call the lawyer on your team.... Read More

The historical individual scientist may, and if famous probably does, have a right to publicity in his own image. Second, unless you took the photo yourself, in addition the photographer has a copyright in his images whether or not he ever registers his copyright with the US Copyright Office.... Read More

Absent an agreement by both sides to another forum (such as the American Arbitration Association), there is no legal way to enforce any contractual obligation other than by suing on it.  It is hard to estimate how long the litigation will take because it may depend on what defenses the debtor may have and how hard he wants to fight the claim, i.e. how much money he is willing to spend.  If the debtor has a meritorious defense, and is willing to spend the money to engage in motion practice, engage in extensive discovery, etc., it can be quite a drawn out process.  Alternatively, if the defendant has no real defense which requires a trial, and/or is unwilling to spend the money to litigate the dispute to its fullest, the matter can be resolved by a Court relatively quickly, perhaps within a few months, or even quicker if the parties reach a settlement.... Read More

The owner of the "program" can license the IP rights to others. This is not the same as a franchise which involves a combination of a trademark license and marketing program. Whatever you have or want, it is not a franchise, which are regulated on both the state and federal level. Your facts above are a bit "thin" and you will need to discuss your detailed program and your plans with an attorney as opposed to a legal forum.... Read More

There are many ways to collect money that is owed. Your decision on what to do will be governed by the amount that is owed, the nature of the obligation and whether it is documented (that is, do you have a promissory note, is the obligation for services rendered or product sold, is the claim commercial or consumer in nature, how long the obligation has been outstanding) and where the party who owes you money is located. If the obligation falls within the jurisdiction of the small claims court, you can file the action yourself, go to court once a date has been scheduled, and prove up your case. Once that is accomplished, you will then need to seek to locate assets against which you can levy (such as a bank account or place of employment).   If the case is greater than the small claims limit ($5000) you will want to consider filing it with the appropriate superior court in the county where the debtor is located or where the money was loaned. THere are a myriad of rules to follow to make sure you are successful in this venture.   The more money involved, the greater the need for legal representation.... Read More

It is not drafted particularly well, but it appears to mean to me that the term "Lessee", as used in this document, refers to the organization which must have been referred to earlier in the document, as well as any successor organizations (for example, if the organization is sold, the purchaser would be the successor) and assigns (any person or entity to which the organization transfers its rights, so for example if it sublet the space it rents, the sublessee would be an assign of the organization's rights under the lease).... Read More

There are several legal protections for you, all of which are grounded in trademark law and arise from the likelihood that consumers will be confused into thinking that "their" products or services emanate from, or are sponsored by, you. These include administrative proceedings for transfer of the domain name under the ICANN rules, as well as conventional trademark litigation in federal courts. If you will call my office during business hours at (203) 399-1320, we can discuss the facts of your situation and how it might be appropriate for you to proceed. If it is not, for some reason, the kind of case I handle, I will be happy to refer you to other counsel.... Read More

If you are in business in California, it is likely that you need a resale, or seller's, license. A resale permit allows you to sell merchandise and collect the appropriate sales tax to remit to the state. The California State Board of Equalization administers the collection of sales and use tax. According to the Board, "when you sell or lease merchandise, vehicles, or other tangible personal property in California, even temporarily, you are generally required to register with our agency, the Board of Equalization (BOE), and to pay sales tax on your taxable sales."Complete form BOE-40-SPA, Application for Seller's Permit. This form can be found on the Board of Equalization website (boe.ca.gov).Submit your application to the Board of Equalization. You can do this by either mailing the application or taking it to the BOE district office closest to your business location. The BOE website includes a list of offices.Wait for approval of your application, and receive your resale license in the mail. This usually takes about two weeks, if your application was completed properly.Display your resale license in a prominent place at your business. Richard N. Grey ... Read More

Ask a lawyer is for real people with real legal problems, not general information. Escrow is a contractual arrangement with three parties, usually to arrange for the simultaneous exhange of things of value, such as a deed to real property and money (to pay for it.) Bailment is a two party arrangement where one party puts physical possession of personal property with a second party.... Read More

Your first problem: a verbal agreement. Your proof of the terms of the agreement will be almost impossible. Second problem, letting someone use your name is usually a sign that the other party is hiding from his/her creditors or the law. You don't sound as if you have the funds to hire a lawyer for (1) breach of contract and (2) an "accounting" (of profits) among other legal grounds.... Read More

This demand is unreasonable, especially if she left and abandoned the business.  More information can be found on my website http://www.losangelesrealestateattorney.com   In addition, should you wish to contact me by phone the number is 800 – 233 – 8521   Mitchell Reed Sussman Attorney at Law  ... Read More

You are in a very specialized area involving CalPERS and disability benefits.  I'd suggest that you may want to try the local Bar Association's attorney referral service.  They may be able to put you in contact with an attorney whose practice includes these specialties.  ... Read More

A shareholder has a right under California law to see the corporate books of the corporation, including bylaws. Failure to give you access is a breach of fiduciary duty. That is what you sue for. It is very serious when the 70% owners tell you you are not a shareholder. You would also sue for a declaration that you are a shareholder. Are you invited to annual shareholder meetings? Are you getting a K-1 for your annual tax returns? By the way, the identity of shareholders would not be located in the bylaws, but probably in the first minutes of the corporation. I am currently litigating for a client whose partners announced one day that he was not a shareholder. These are not simple cases.... Read More

Ask a lawyer is for analysis, not legal advice you can rely on, and your question is not general but very specific and complex. If you have no physical presence in the US, that you don't have to register as a foreign corporation in any of those states. As to #2, no. As to #3, way too complex for a public forum, but the standard is "effectively connected with a US trade or business."... Read More

If you are forming a LLC, then your Operating Agreement is the LLC equivalent of a Partnership Agreement. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

It is unclear what you expected as a minority shareholder, but this is precisely what you had a right to expect. You have no duty to "pay" losses unless you agreed in writing to do so (you actually receive a tax benefit for them). If you are upset with your investment, you cannot force the company to take it back but you should be able write off your losses for tax purposes.... Read More

In California, someone under the age of 18 can be legally bound by a contract even though the "age of majority" is 18.  Family Code section 6500 & 6700.  The exceptions are that a minor can not enter into a contract to buy/sell real property or personal property not in their immediate possession or control. Family Code 6701.   For those contracts, the underage person can "disaffirm" the contract so long as no goods have changed hands. Family Code 6710.  In your case, I doubt that any substantial goods have changed hands so you should be able to have your son/daughter "cancel" the contract.  They probably won't be able to get any money back unless you are cancelling within a few days of having the contract signed.  Good luck.... Read More