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 2
Do you have any California Business questions page 2 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 can I do if a fashion store went out of business without Notifying its customers

Answered 8 years ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
If you bought the gift card with a credit card you may have some recourse. You could try suing in small claims court. But normally, you have lost your money. 
If you bought the gift card with a credit card you may have some recourse. You could try suing in small claims court. But normally, you have lost... Read More

router issues

Answered 8 years and a month ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
This is not a legal question.                                                                              ... Read More
This is not a legal question.                                 ... Read More

An ex employee is trying to steal my business

Answered 8 years and a month ago by attorney Bruce Robins   |   1 Answer   |  Legal Topics: Business
Unless the business contacts and referral sources, or other information your former employee is using to compete, are trade secrets and/or other confidential proprietary information, she has every right to use them to compete with you.  Incidentally, except under circumstances which are not apparent from your question (i.e. your ex had sold the business to you), employee non-compete agreements are invalid under California law.... Read More
Unless the business contacts and referral sources, or other information your former employee is using to compete, are trade secrets and/or other... Read More

Hello, I am interested in starting a business where people can make money stuffing envelopes and/or sending emails about how to make money from home.

Answered 8 years and a month ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
So long as it is not a scam or a violation of consumer protection laws and you pay your employees or independent contractors and you have a business license, why not?
So long as it is not a scam or a violation of consumer protection laws and you pay your employees or independent contractors and you have a business... Read More

How to add a division under a company?

Answered 8 years and 2 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
No, you don't need to set up a new entity: you can just file a DBA. You do not get a new EIN.
No, you don't need to set up a new entity: you can just file a DBA. You do not get a new EIN.

Hello, I need help with an insurance audit related to workers comp.

Answered 8 years and 2 months ago by Bruce A. Hatkoff (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
Prior to providing a response, we will need to know the name of the insurance carrier so as to avoid any potential conflict. If you can provide this information, we can   provide some general direction as to how to deal with the issues presented.
Prior to providing a response, we will need to know the name of the insurance carrier so as to avoid any potential conflict. If you can provide this... Read More

Are sale commissioners responsible for company's distribution expenses?

Answered 8 years and 2 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
There is no bar on a sales rep distributing as part of his agreed commission. There is no requirement that the company do so. It is called "freedom of contract". You must, however, receive a written representation agreement where compensated by commisions under Calfiornia law. 
There is no bar on a sales rep distributing as part of his agreed commission. There is no requirement that the company do so. It is called "freedom... Read More

Structuring a Business Name that is not a fictitious business name

Answered 8 years and 2 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
If used in conjuction with other words, you need to file a DBA. There are other benefits, such as public notice of your rights. Trademarking your goods and/or services is another option foryou to consider. 
If used in conjuction with other words, you need to file a DBA. There are other benefits, such as public notice of your rights. Trademarking your... Read More

I'm a California attorney hoping to enter into a business relationship with a non-lawyer.

Answered 8 years and 2 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
You can have employees or independent contractors who you can pay but not share profits with. You cannot engage in prohibited activities such as capping, referral fees, you know, you passed the bar including the professional ethics portion.  If in doubt, call you malpractice carrier. If you have no malpractice insurance, get some. You can also consider calling the Bar Attorney Hotline. ... Read More
You can have employees or independent contractors who you can pay but not share profits with. You cannot engage in prohibited activities such as... Read More

What do I do?

Answered 8 years and 2 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
You do not "forgeit" property your corporation owned/owns just because someone else now has the name. There are common law trademark issues, unfair competition issues, etc. about the name.  Think about your corporation not under its name but under the corporate number assigned by the Secretary of State. You should probably cntact the "new" corporaiton and see what you can work out and avoid litigation, which is very, very expensive. ... Read More
You do not "forgeit" property your corporation owned/owns just because someone else now has the name. There are common law trademark issues, unfair... Read More

In California, it it worth the added time and expense to form a Single-Member LLC rather than a sole proprietorship?

Answered 8 years and 3 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
In 40 years I have only seen the corporate veil pierced once in properly formed and maintained LLC or corporation. There are tax benefits available in an entity whcih are not available to a sole proprietorship. Finally, I have no idea what liability could happy by sitting in a room playing games and puzzles. ... Read More
In 40 years I have only seen the corporate veil pierced once in properly formed and maintained LLC or corporation. There are tax benefits available... Read More

what type of attorney do I contact to set up an LLC for me?

Answered 8 years and 3 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
Any "business" attorney can do so. PS you are smart to hire an attorney. The fee is modest and 99% of the corporations set up from online sources are set up and maintained defectively. The person does not realize that until a problem, like a lawsuit, occurs. 
Any "business" attorney can do so. PS you are smart to hire an attorney. The fee is modest and 99% of the corporations set up from online sources are... Read More

In a asset sale, do the buyer immune from contingent liabilities of the seller and thus full legal dd is not necessary?

Answered 8 years and 3 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
An asset sale will cut off claims as to the assets transferred so long as you follow the "bulk transfer" procedures. I have no idea whoa a "full legal dd" means. 
An asset sale will cut off claims as to the assets transferred so long as you follow the "bulk transfer" procedures. I have no idea whoa a "full... Read More

I think of selling my electrical business been in business for 30 years

Answered 8 years and 4 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
You must have been cut off before you asked your question.
You must have been cut off before you asked your question.

If a business closes that has a trademark logo can anyone apply for it

Answered 8 years and 4 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
The business may have sold the trademark before closing. There are other similar scenarios. Further, unless you are using the mark in commerce you have no right to register the mark, except on an intent to use basis.
The business may have sold the trademark before closing. There are other similar scenarios. Further, unless you are using the mark in commerce you... Read More

can you review our bylaws per 501c3?

Answered 8 years and 5 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
Your question seems to contain my prior answer. 
Your question seems to contain my prior answer. 

Do I have to pay taxes for outsourced employees?

Answered 8 years and 5 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
If the outside developers are independent contractors they pay their own taxes depending on where they are located. 
If the outside developers are independent contractors they pay their own taxes depending on where they are located. 

Do I have to pay taxes for outsourced employees?

Answered 8 years and 5 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
Three postings in six minutes won't get you more or better answers. 
Three postings in six minutes won't get you more or better answers. 

Do I have to pay taxes on outsourced developers?

Answered 8 years and 5 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
Three postings in six minutes won't get you more or better answers. 
Three postings in six minutes won't get you more or better answers. 

Is there any advantages or disadvantages opening a c-corp vs

Answered 8 years and 5 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
If there will be foreign shareholders, it must be an LLC for tax pass-through treatment to avoid double taxation since a foreigner cannot be an shareholder in a Subchapter S corporation. If no foreign owners, either one will work.
If there will be foreign shareholders, it must be an LLC for tax pass-through treatment to avoid double taxation since a foreigner cannot be an... Read More

can you review our bylaws per 501c3?

Answered 8 years and 5 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
Any business transaction lawyer with experience in not for profits can review the bylaws. It ought to take no more than a few hours. 
Any business transaction lawyer with experience in not for profits can review the bylaws. It ought to take no more than a few hours. 

We need to review our Bylaws if they are complying with 501c3

Answered 8 years and 5 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
Any business transaction lawyer with experience in not for profits can review those bylaws. It sholdn't be more than a couple hour project. 
Any business transaction lawyer with experience in not for profits can review those bylaws. It sholdn't be more than a couple hour project. 

I was at work lifting a piano and got hurt. Hernia. When I started working for my current employer, i was told wont lift over 75 lbs.

Answered 8 years and 5 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
What you have is a workers compensation claim, not a negligence claim.
What you have is a workers compensation claim, not a negligence claim.

What kind of lawyer should i contact to look over a buisness contract. For a business my husband eill be taking over and making payments on? Fee?

Answered 8 years and 5 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
You are looking for a business transaction attorney. Lawyers usually charge by the hour. Some will agree to a fixed fee, e.g. I will do a review and give you a written report for 2 hours of work. Then the attorney fee, experience, intelligence enter the analysis.  Good luck. 
You are looking for a business transaction attorney. Lawyers usually charge by the hour. Some will agree to a fixed fee, e.g. I will do a review and... Read More

Can I register my company in the US as a Public Benefit Company if I'm not a US citizen?

Answered 8 years and 6 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
No. The articles of incorporation of a not for profit, whether public benefit, mutual benefit etc. are totally different from that of a for profit. There are no shareholders at all, no distribution of profit and an irrevocable dedication of all assets to charitable use during and after the its existence. There are other potential vehicles    There are "benefit corporations" (Not public benefit corporations) and "flexible purpose" corporations, but your specfic question and goal cannot be achieved as you propose. ... Read More
No. The articles of incorporation of a not for profit, whether public benefit, mutual benefit etc. are totally different from that of a for profit.... Read More