California Business Legal Questions

If you have real reason to believe that your business partner is hiding funds and trying to sell the business behind your back the best course of action may be to file suit against the partner and seek a court order enjoining them from transferring the business. You could also likely get an order forcing your partner to account and potentially removing your partner from control of the business. A foreign citizen can own an interest in an American company, so the fact that they are in the country on a tourist visa is probably not going to have an impact here. With the tourist visa they wouldn't be able to get a job, but I don't think it would create an issue with business ownership. In any event it would be an immigration issue and wouldn't likely have an impact on your dealings. Please feel free to follow up if you have questions. Jon... Read More

Acknowledging is not enough. Supplier "aware" not enough. If you let him run up the debt "in your name" then you have to pay and sue him hin small claims court. Get a judgment at a minimum. It's not money but if you find where he has a bank account or employment you can try to collect on that judgment. ... Read More

An experienced attorney should be able to get much of the information. As a shareholder, you should have been invited to annual meetings of shareholders where directors are annually elected. An attorney should probably make contact with the company attorney to find out what the bylaws say on the subject of your shares and whether you have any right to be bought out unless and until the company is sold.  You should not assume this is true.... Read More

Since the defendant, and presumably his bank account(s) are in Colorado, the most efficient way is to sue in Colorado. Otherwise you will have to take any judgment you obtain in California and enter it as a sister-state judgment there in order to execute on the judgment. PS - unless you have legally recognized damages, and defamation is pretty complex in this area, you are wasting your money. ... Read More

No one can answer for "every" bank. A contract or other legal instrument signed by a minor can be made voidable. That's why no bank wants to open your account (nor will any creditor want to accept a check or contract signed by a minor.) This applies for non-profit as well as for-profit. ... Read More

Ideas are not protectable in the abstract. Further, apparently it's not your idea to protect: that is the restaurant already exists in whatever way makes it special to you or others. Why would a simple idea like "why don't you open in California" entitle you to money? Maybe you can offer to be their manager if they want to open a restaurant here in California. ... Read More

You could write a demand letter to the former employee to return the registration of the domain to the company.  If he does not do so, then you would sue him for return of company property.  You may also be able to send a take down letter on the domain so that he can't post an unflattering website.... Read More

You posted a very similar post seeking a lawyer, and I answered that lawyers cannot contact you - that would be impermissible client solicitation. What can a lawyer do? Two things (1) advise you about what is written and what it means, but even more importantly (2) advise you about what may be missing. Part 2 is always more difficult. ... Read More

The entity, not the members are liable for the Franchise Tax. If you ignore after many contacts it will eventually go away. That's not advice but analysis based on my experience. It is possible the FTB may act differently in the future, but for now, they will only pursue (actually not pursue) the entity. ... Read More

No your employer cannot force you to change your statement. You don't specify what kind of statement but in an "at-will" employment state like California you can be terminated from employment for no reason. You do have certain protections (like belonging to a protected class (e.g. race, religtion, national origin) or belonging to a union, or certain (but not all types of) retaliation. ... Read More

If you have employees, you will need to register with the California EDD.  You will need a buisness license if you have a physical location.  Your county tax assessor may have a personal property tax on your business property.  Your business should build a team of consultants such as a business attorney, a patent attorney, a CPA, and an insurance agent.  Your business may also need a web developer, an SEO marketer, and a mobile app developer.... Read More

You, as the judgmetn debtor, would have to pay the person or entity to whom the judgment creditor (the business) assigned the judgment.  Thus, for example, if all of the creditor's assets were distributed to its shareholder, the judgment would also have been distributed to the shareholder and you would have to pay that person.... Read More

The very first thing that you can do is to call Amazon and try to resolve this issue with them.  It's a big company so you may get some run around but be persistent.  Go with a smile and be firm, but fair.  Be sure to read any agreements that you have with Amazon. If you can't solve it on your own, then hire an attorney to review your documents and facts.  Your attorney should attempt to resolve your dispute with a well worded letter supported by legal citations asserting your rights and demanding payment.  If that doesn't work, you can request mediation or arbitration.  If that doesn't work, the next escalation would be to file a lawsuit for the $90,000 plus consequential damages and punitive damages.... Read More

You have a complex case. I see issues of improper disassociation from the LLC, taking a significant amount of money from the bank, possible breach of the fiduciary duty of loyalty by breaching the duty not to compete, tortious interference with a prospective economic advantage,and the possible taking of intellectual property in the form of trade secrets, customer lists, and/or products. You'll need to sit down with an attorney to discuss the facts and circumstances of your case and to get a full consultation.... Read More

While you could probably provide for this type of buyout, it sounds like a recipe for disaster. Trying to project five years into the future of how much work will be performed based on someone who no longer owns the business, invites litigation. A cleaner way would be to have a fixed amount for the buyout provision. Then enter into a different contract for five years for future work.... Read More

Every LLC that conducts business in California must register with the California Secretary of State in order to do business in California. If the LLC is formed in another state, then it must register as a foreign LLC in California. There are restrictions on the name of a business. One of the restrictions is that a business with a fictitious business name cannot use LLC as part of its name if it is not an LLC.... Read More

You don't actually post a question. Clearly this will only be resolved by litigation. Begin to assemble a written narrative of the facts and annotate it with whatever documents you may have. That will make a good impression on the attorney you hire and will help keep your legal fees down. ... Read More