California Business Legal Questions

Being a business attorney is an enjoyable job.  We typically get to help people build and grow their business.  This is a very rewarding aspect of practicing law.  Unlike litigation attorneys, many of us do not do court work.  We generally draft documents, and provide tax information. 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

While court's like to see original signed documents for the purpose of assuring their authenticity, copies of signatures on contracts of the nature that you described will be adequate to allow for enforcement. Many documents provide for the use of a facsimile copy of the original should the original not be available. If the document so provides, then the issue is resolved. If the document does not so state that you can use a copy,  because most documents are transmitted electronically, except in certain instances involving negotiable instruments, the copy of the original  signed document will  generally suffice. ... Read More

Your customer continues to be responsible for the obligation even though the business was sold. If the transaction was  handled properly, the purchaser  most likely insulated itself from the obligation upon close of the escrow(unless it agreed in writing in its purchase contract to be responsible for the debts of the seller). You may have a remedy (once a judgment is obtained) for collection should the buyer be paying the seller over time. This remedy would require you to issue a third party levy against the buyer to capture any of the funds that might still be due and owing to the seller.... Read More

I recommend finding a health care attorney near where you live. Normally, the statute of limitation for breach of a written obligation is four years from the date of breach. But health care collections, especially federal medicare collections, may have special laws extending the time within which they can pursue collection of overpayments.... Read More

More than just the words go into a determination of "liklihood of confusion" in the relevant marketplace. One has to allow for related fields, expansion of existing business to new territories, and related fields. Your trademark is "weak" in the sense it is highly descriptiive. As analysis, and not advice, I would recommend to a client to pick something totally creative and build goodwill from the ground up.... Read More

Your parents have a very difficult situation without a simple solution. It may require them to consult a bankruptcy attorney so they can save the maximum amount permitted under State or Federal law. They may wish to see if there were any technicalities which would render their guaranty of no value. Remember also that the landlord has a duty to "mitigate damages" by re-leasing as soon as possible.... Read More

Based upon the facts as presented, i.e. that the company represented it provided security whereas in fact  the security cameras were not functional and they waited 3 days to inform you of the missing lock are potentially a breach of your agreement with them and/or negligence.  There are a few steps you need to take: 1.  Report the theft and damage to the police and get a police report, if that has not been done; 2.  Collect your contract with them and all written communication, whether hard copy or electronic to substantiate your position. 3.  Make a list of all of your goods that were stolen and a list of all goods that were damaged, with an approximate value of each item.  Be very specific. Once you have collected this material, you have some choices: a.  Depending upon the value of your loss, including all payments made to the storage company, you can send them a demand letter and then file for compensation in small claims; b.  If the lose is to great for small claims, then you need to seek the assistance of an attorney.  Most areas have legal aid to assist with these types of matters.  If you need information for your area, call the local Attorney Bar Association to get assistance. I am sorry you have this loss and wish the best in seeking compensation for the loss. L. Sue Loftin, Esq.    ... Read More

It depends on who caused the injury.  If it was the company, your suit would be against the company.  If it was the individual owner, you should sue the owner.  There are times when you can pierce the corporate veil if the corporation is acting inappropriately. You should contact a local attorney to determine where liability falls. 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

Breach of fiduciary duty, in addition to being a rather complex legal concept, very often turns on the facts. Whle representing both parties to a transaction has great risks in this regard, the retainer/engagement with the broker usually has very specfic language permitting it legally. then the representation and any breaches would be "fact specific".... Read More