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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 5
Do you have any California Business questions page 5 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

Do I have grounds to sue for a late payment on professional services if my client executed a poorly written agreement with their end client?

Answered 10 years and a month ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
I'm very sorry, but I believe that you will have to wait until your client is paid by the city.  You don't have a breach of contract claim against your client because your client hasn't breached the terms of your agreement.
I'm very sorry, but I believe that you will have to wait until your client is paid by the city.  You don't have a breach of contract claim... Read More

Allowed day off for a family funeral

Answered 10 years and a month ago by attorney Bruce Robins   |   1 Answer   |  Legal Topics: Business
I can't think of any reason why not.
I can't think of any reason why not.

I want to recruit brand new lawyers.

Answered 10 years and 2 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
Your posting could be more vague. Recruit for what? Help with what? You probably want to try again. 
Your posting could be more vague. Recruit for what? Help with what? You probably want to try again. 

How can I find out if a business name is not available?

Answered 10 years and 2 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
Lots of questions. The name of a california LLC or corporation can be checked with the office of the California Secretary of State. You will need a business license in the city or county you are doing business. You need a long term relationship with both a CPA and attorney. It's not the questions you ask but the ones you didn't realize needed asking where the value lies with professionals. You need, for example to consider whether trademark applies to your business activities. ... Read More
Lots of questions. The name of a california LLC or corporation can be checked with the office of the California Secretary of State. You will need a... Read More

Business accounts for LLCs

Answered 10 years and 2 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
If I understand you correctly, the LLC is in your mother's name, you and your brother are partners, but there is a third silent partner?  Please have an attorney and CPA review your organization and correct the legal and tax issues that you have raised.  Having two bank accounts at different banks is the least of your worries.... Read More
If I understand you correctly, the LLC is in your mother's name, you and your brother are partners, but there is a third silent partner?... Read More

How many shareholders do I have to designate for my Calif. S-Corp?

Answered 10 years and 2 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
You can have one shareholder or two. Since you reside in a community property state, each of you has a community property interest in all property acquired after marriage with community efforts or funds. I express no tax views or analysis.  Good luck. 
You can have one shareholder or two. Since you reside in a community property state, each of you has a community property interest in all property... Read More

What legal issues can I run into by hosting books online and having a donate button?

Answered 10 years and 2 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
You could run into a massive copyright infringement lawsuit by the publishers or copyright owners of the books. The fact that it is a voluntary donation doesn't matter and the fact you spend it just to host the site doesn't matter. 
You could run into a massive copyright infringement lawsuit by the publishers or copyright owners of the books. The fact that it is a voluntary... Read More

regarding brand infringment

Answered 10 years and 2 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
If Disney finds out, Disney will sue you. You are buying it from China precise because it looks like Minnie but is cheaper since they don't pay royalties. By the way, anyone you sell to that gets sued by Disney will turn around and sue you. 
If Disney finds out, Disney will sue you. You are buying it from China precise because it looks like Minnie but is cheaper since they don't pay... Read More

can I take my hair station and cabinet out from the wall

Answered 10 years and 2 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
Sorry, but anything attached to the wall becomes a "fixture" and belongs to the landlord at the end of the lease. 
Sorry, but anything attached to the wall becomes a "fixture" and belongs to the landlord at the end of the lease. 

llc fictious name

Answered 10 years and 3 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
If you do business under the name of the LLC, then you do not need a ficticious name.
If you do business under the name of the LLC, then you do not need a ficticious name.

If my LLC name is different than my clothing brand name, can I still operate legally?

Answered 10 years and 3 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
A trademark is different from the name of a business.  If you operate under the name of your LLC, then you should be able to sell clothing with a trademark, without anything else.  However, if you operate a business under the name of the trademark, then you will have to file a ficticious business name statement with the county.... Read More
A trademark is different from the name of a business.  If you operate under the name of your LLC, then you should be able to sell clothing with... Read More

Can I buy a small LLC based in another state that operates online and keep the LLC in that state? I live in California.

Answered 10 years and 3 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
Yes, you can purcahse an LLC formed in another state and keep it formed in that state.  You don't have to reincorporate in California because you live in California.
Yes, you can purcahse an LLC formed in another state and keep it formed in that state.  You don't have to reincorporate in California because... Read More

Can an LLC own stock options in a C Corp?

Answered 10 years and 3 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
Yes, it is possible for an LLC to own stock options or stock in a corporation. If the LLC is taxed as a partnership, then the tax consequences would flow through to the owners on the Form K-1.
Yes, it is possible for an LLC to own stock options or stock in a corporation. If the LLC is taxed as a partnership, then the tax consequences would... Read More

What can I do about another company cashing my checks??

Answered 10 years and 3 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
You sue the other company for conversion which is the civil version of theft. You might also notify the US Post Office since they have intercepted your mail. Of course they deny being thieves. 
You sue the other company for conversion which is the civil version of theft. You might also notify the US Post Office since they have intercepted... Read More

does an hourly full time employee earn the same amount of hours on a holiday

Answered 10 years and 4 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
There is no requirement to pay a higher hourly rate on holidays.  Some employers give time and a half or double time to employees on holidays, but there is no state requirement to do so.
There is no requirement to pay a higher hourly rate on holidays.  Some employers give time and a half or double time to employees on holidays,... Read More

can a vendor just shut down a retail account without merit?

Answered 10 years and 4 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
You seem to have a demonstration that you are not being discriminated against: they are closing 4 accounts in your area consistent with their marketing plan. There is no duty to continue to manufacture or to sell a product (unless one has a written contract that provides differently.)
You seem to have a demonstration that you are not being discriminated against: they are closing 4 accounts in your area consistent with their... Read More

Should I form an LLC first or register (trademark) my brand?

Answered 10 years and 4 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
I would advise obtaining trademark protection first, then forming your entity and assigning your trademark or licensing your trademark to the entity. 
I would advise obtaining trademark protection first, then forming your entity and assigning your trademark or licensing your trademark to the... Read More

do i have to sign a mandatory arbitration in california?

Answered 10 years and 4 months ago by Stephen Benda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
Cross it out and sign it and see what he does!
Cross it out and sign it and see what he does!

501(c)(3) using a dba

Answered 10 years and 4 months ago by Stephen Benda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
THis has not been set up quite right  it is one foot in in one and the other one elsewhere.  They can have a division called XYZ and just like GM has Dodge, and file a fictitous business statemement under GM.   And then they change that.
THis has not been set up quite right  it is one foot in in one and the other one elsewhere.  They can have a division called XYZ and just... Read More

I am a dishwasher, my employer makes me cook at times. Is it Ok for her to keep me on miminum wage?

Answered 10 years and 4 months ago by Stephen Benda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
Your employer is free to negotiate with you any wage contract as ong as it is legal (e.g. at least minimum wage rate).   It's up to you to raise it.
Your employer is free to negotiate with you any wage contract as ong as it is legal (e.g. at least minimum wage rate).   It's up to you to... Read More

how can i evict a tenant who is not paying the motel room rent?

Answered 10 years and 4 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
Serve a three day notice for the rent that is due and then file an unlawful detainer action.  The whole process will take about four to eight weeks.
Serve a three day notice for the rent that is due and then file an unlawful detainer action.  The whole process will take about four to... Read More

May I know various law that affect how people are treated in the workplace?

Answered 10 years and 5 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
The State Bar of California has a good set of standard answers: http://www.calbar.ca.gov/Public/Pamphlets/Employee.aspx  The State of California also has a very good page of common questions and answers: http://www.ca.gov/Work/WorkplaceIssues.html 
The State Bar of California has a good set of standard answers: http://www.calbar.ca.gov/Public/Pamphlets/Employee.aspx  The State of... Read More

I need help finding a good lawyer for business purchase, where previous owner reported false information.

Answered 10 years and 5 months ago by Richard Samuel Price (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Business
First thing to do is to determine how much you are owed.  It if is less than $10,000, then do this yourself.  If it is more than $10,000, then hire an attorney to help you with the next steps. Second, write a demand letter to the previous owner explaining how you were damaged and requesting payment of what you are owed.  You can also request mediation in this demand letter. Third, if you dont' get paid, then sue in court- small claims court for up to $10,000, regular superior court if over $10,000.... Read More
First thing to do is to determine how much you are owed.  It if is less than $10,000, then do this yourself.  If it is more than $10,000,... Read More

LLC Disolution dispute

Answered 10 years and 5 months ago by Richard Samuel Price (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Business
The fastest, cheapest, and easiest way to take care of this is to write a demand letter that your old partner pay you what he owes you.  When he doesn't respond, then sue him in small claims court for up to $10,000.
The fastest, cheapest, and easiest way to take care of this is to write a demand letter that your old partner pay you what he owes you.  When he... Read More

I sold my small business in California, the buyer is asking to hold some of the seller money to fix some items five days after the Escrow was closed

Answered 10 years and 5 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
Without looking at the purchase agreement and escrow instructions there is no way to know that if it is authorized. Escrow companies are bound to follow the jointly signed escrow instructions. They don't take unilateral action or instructions from just one party. 
Without looking at the purchase agreement and escrow instructions there is no way to know that if it is authorized. Escrow companies are bound to... Read More
Business Law
California

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