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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 4
Do you have any California Business questions page 4 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 453 previously answered California Business questions.
Business Law
California

Recent Legal Answers

Can i sue

Answered 9 years and 6 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
Yes, you have numerous potential causes of action. Interference with prospective business advantage, malicious prosecution, and depending on the demand for money it might be grounds for punitive damages. 
Yes, you have numerous potential causes of action. Interference with prospective business advantage, malicious prosecution, and depending on the... Read More

If the CEO who is 45% member of an LLC partnership small business wants to resign and also remove his share, what is the best way to handle this?

Answered 9 years and 7 months ago by attorney Jonathan Howell   |   1 Answer   |  Legal Topics: Business
Typically a withdrawal like this would be governed by an Operating Agreement.  Does your company have an Operating Agreement and if so, does it include buyout provisions?
Typically a withdrawal like this would be governed by an Operating Agreement.  Does your company have an Operating Agreement and if so, does it... Read More

What is the personal exposure difference between Sole proprietorship and LLC?

Answered 9 years and 7 months ago by attorney Bruce Robins   |   1 Answer   |  Legal Topics: Business
Sole proprietors are liable for their business' obligations; there is no distinction between the business and its owners.  Members of an llc are not generally liable for the llc's obligations; the LLC is considered a separate entity from its owners.
Sole proprietors are liable for their business' obligations; there is no distinction between the business and its owners.  Members of an llc are... Read More

Can we hold stock certs until final payment is recieved?

Answered 9 years and 7 months ago by attorney Jonathan Howell   |   1 Answer   |  Legal Topics: Business
The agreement can certainly be structured in a way that allows you to hold onto the stock certificates until the final payment is received. Has a contract for the sale of your business been prepared?
The agreement can certainly be structured in a way that allows you to hold onto the stock certificates until the final payment is received. Has a... Read More

What form do I need to lease my company to someone while I am out of the country. So they can run it for a period of 1 year.

Answered 9 years and 8 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
A durable power of attorney with a one-year expiration would allow your "attorney-in-fact" to handle financial matters on your behalf.
A durable power of attorney with a one-year expiration would allow your "attorney-in-fact" to handle financial matters on your behalf.

how long does a plaintiff have to respond to a defendants answer to a complaint.

Answered 9 years and 9 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
The plaintiff does not respond to the defendant's answer, unless the plaintiff files a demurrer to the answer (very rare and not worth doing in 98% of cases).  After the defendant answers, then the case is at issue and discovery should begin.
The plaintiff does not respond to the defendant's answer, unless the plaintiff files a demurrer to the answer (very rare and not worth doing in 98%... Read More

BUSINESS PARTNER SABOTAGING THE BUSINESS.

Answered 9 years and 9 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
You can sue for breach of contract, breach of fidicuiary duty, and for partition of the business.
You can sue for breach of contract, breach of fidicuiary duty, and for partition of the business.

In the state of California, do employers have to pay an employees for the time they are driving from one location to another?

Answered 9 years and 9 months ago by Adam Steven Warshaw (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
No it is not proper to make them clock out.  Commuting to and from home is not compensable but going between locations of a business is considered work time. 
No it is not proper to make them clock out.  Commuting to and from home is not compensable but going between locations of a business is... Read More

W, make a promissory note; X payee increasesed the amount and indorsed the note to Y , a holdee in due course, and from Y to Z who had notice of the f

Answered 9 years and 9 months ago by Adam Steven Warshaw (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
I cannot understand your question; it appears you have a sentence missing.  Please ask again. 
I cannot understand your question; it appears you have a sentence missing.  Please ask again. 

Personal Property Tax Laws

Answered 9 years and 10 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
Yes, a business must pay business personal property tax on it's assets.
Yes, a business must pay business personal property tax on it's assets.

How can I start my business ?

Answered 9 years and 11 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
You really need to provide more details. Corporation? Sole proprietorship/DBA? Sale of goods? Sale of Services?
You really need to provide more details. Corporation? Sole proprietorship/DBA? Sale of goods? Sale of Services?

Claim against a sole proprieter who transfered business assets with no list of inventory.

Answered 9 years and 11 months ago by Jonathan W. Birdt (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
unfortunately anyone can sue anyone, though it doesnt mean they will win.  It sounds like they didnt document the agreement very well and are now trying to take advantage of that.  You would need to hire an attorney to review the agreement, lawsuit and interview you about what happened so that they can assist you in defending yourself or step in and defend you.... Read More
unfortunately anyone can sue anyone, though it doesnt mean they will win.  It sounds like they didnt document the agreement very well and are... Read More

Conflicts of interest?

Answered 9 years and 11 months ago by attorney Bruce Robins   |   1 Answer   |  Legal Topics: Business
Your partner has a conflict of interest, and should not be the person who approves a deal for the other company, or allowed to vote on the issue if it ocmes up before the board of directors of the other company.  However, that doesn't mean that there is anything improper about the deal if it is authorized for legitimate business reasons by disinterested people of the other company.... Read More
Your partner has a conflict of interest, and should not be the person who approves a deal for the other company, or allowed to vote on the issue if... Read More

How to write a contract for planned transfer of a business.

Answered 9 years and 11 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
A simple question but confusing. Yes, you both need a contract to protect your very different interests in this transaction.  How to write it? Business transaction attorneys do it regularly and charge for it. They are not simple do it yourself agreements. I know of no form book you can turn to for a sample. You can find some samples online but I cannot comment on whether they are sufficient for your needs. ... Read More
A simple question but confusing. Yes, you both need a contract to protect your very different interests in this transaction.  How to write it?... Read More

Charging Personal Expenses on a Business Credit Card

Answered 9 years and 11 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
If it were the only factor, that's probably enough, but since the burden of getting a separate card is so small, why chance it?
If it were the only factor, that's probably enough, but since the burden of getting a separate card is so small, why chance it?

Do I'll be able to set up a branch or new business for my existed business located in New Zealand . I have permanent residence visa since 1998.

Answered 10 years ago by attorney Jonathan Howell   |   1 Answer   |  Legal Topics: Business
Hi Adel, If I understand your question correctly, you currently have a business in New Zealand, but you want to expand the business to California. The ease and cost of this process depends on what type of business you are seeking to set up. Can you provide me a few more details? Thanks,Jon... Read More
Hi Adel, If I understand your question correctly, you currently have a business in New Zealand, but you want to expand the business to California.... Read More

I created a unique cookie recipe. I created the name, concept, logo design, website and social media. I approached someone to join me in this venture as a partner. For the last 4 months we have been doing the local farmer's market. During this time, I realized for vaious reasons, that I made a mistake about taking on this person as a partner. I now want to go it alone. We do not have a partnership agreement. Mainly because we could not agree. All we have is a dba and a local cottage food license for Ventura. I would consider allowing allowing her to continue the farmer's market and a few cafes in the area carrying our cookies. Maybe a license of some sort or a franchise-type arrangement (with conditions). My question is: if this person is disagreeable and will not honor the fact that it is my receipe, etc...what is the legality here of me going on my own? I want to trademark the name we have been using as soon as possible too. Thank you.

Answered 10 years ago by attorney Jonathan Howell   |   1 Answer   |  Legal Topics: Business
There is a lot going on here, so it is difficult to give you a full and complete answer to your question in this forum. What was the actual agreement between the two of you? Did you discuss how work would be shared, revenues divided, decisions would be made? Did you discuss ownership of the Intellectual Property (i.e. the cookie recipe)?  It sounds like a clean break may really be the best option. You may have the ability to simply move forward on your own, though I would need to discuss this in detail with you before I would be comfortable reaching that conclusion, but the easier and more prudent thing to do might be to buy out any interest in the business that she believes she has. Happy to discuss this with you if you would like.Thanks,Jon... Read More
There is a lot going on here, so it is difficult to give you a full and complete answer to your question in this forum. What was the actual agreement... Read More

Is a college degree required?

Answered 10 years ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
No, a college degree is not required to own a business.
No, a college degree is not required to own a business.

Is this Legal?

Answered 10 years and a month ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
Yes, your business can rent out a venue and sell tickets for entry.
Yes, your business can rent out a venue and sell tickets for entry.

Criminal or Civil

Answered 10 years and a month ago by attorney Bruce Robins   |   1 Answer   |  Legal Topics: Business
A matter can be both civil and criminal.  In fact, most criminal cases can also be civil ones - if you are mugged, the mugger can be prosecuted for his crime and sued by you for assault and other torts. This case is really a civil matter, although it is remotely possible that a zealous prosecutor could try to make a criminal matter out of it as well.... Read More
A matter can be both civil and criminal.  In fact, most criminal cases can also be civil ones - if you are mugged, the mugger can be prosecuted... Read More

Terms & conditions, clients not paying, can we choose what the outcome can be?

Answered 10 years and a month ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
I doubt a business can be an employee unless it is a sole proprietorship/dba.  The precise terms you wish to change would have to be examined. If it is interest rates, it cannot exceed the usury limits. What else you may wish to do is totally unclear. 
I doubt a business can be an employee unless it is a sole proprietorship/dba.  The precise terms you wish to change would have to be examined.... Read More

Will I loose my money to scam if I help

Answered 10 years and a month ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
This is known as an advance payment scam. Don't touch it. 
This is known as an advance payment scam. Don't touch it. 

Owner partnership issues

Answered 10 years and a month ago by attorney Jonathan Howell   |   1 Answer   |  Legal Topics: Business
Hi Janeth, I would need additional details to be able to map out an exact strategy, but there are several things that you can do, including filing a lawsuit and seeking a court order compelling them to share the info and money with you. Did you set up a corporate entity for the business (Corporation or LLC)? Thanks,Jon... Read More
Hi Janeth, I would need additional details to be able to map out an exact strategy, but there are several things that you can do, including filing a... Read More

In Negotiable Instrument the face of the instrument is: "Pay to the order of A or bearer 10k" is this an order or bearer instrument? Thank you!

Answered 10 years and a month ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
It really makes no difference since both are negotiable instruments. Your wording is an "order" draft or note or instrument. The words "or bearer" mean that the A may "negotiate" (sell) the note and B and B as the bearer may then present the note for payment according to its terms.
It really makes no difference since both are negotiable instruments. Your wording is an "order" draft or note or instrument. The words "or bearer"... Read More

My business partner cheated me

Answered 10 years and a month ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
You have an oral agreement with your business partner now.  If you want to enforce the terms of that oral agreement, then you will have to initiate a legal action.  Otherwise, you can continue to negotiate with your business partner on the written agreement.
You have an oral agreement with your business partner now.  If you want to enforce the terms of that oral agreement, then you will have to... Read More
Business Law
California

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