California Business Legal Questions

You will want to start at the web site of the US Cusotoms and Border Protection that has a page on importing fruit into the US. An experienced custom broker will also be knowledgable about most of the legal requirements. The business challenges of distribution of imported foods is considerable. ... Read More

No. USPTO registration gives you rights in the US only but it can form the basis for registraitions in other countries through WIPO.  Your mark is in one international class and you probably have no rights as to the mark with horses. A cease and desist letter written by an individual instead of an attorney is normally ignored. There is no law system in China which is effective for a US resident.... Read More

Your small claims court matter "may" be enforced in CA. if the contract was entered into here, if a written contract provided for jurisdiction here, if the contract was to be performed here and similar grounds. If it was a single sale or a "transitory" tort (e.g. an auto accident while visitng CA., then under some circumstances it cannot be. Also, CA small claims court prohibits suing out of state defendants and I don't know if Kansas may have a similar rule. ... Read More

Taking a deposition without a lawyer is a huge leap. Apparently you have decided to do so.  The most common form of a deposition is of the "person most knowledgable". If the notice is properly crafted, the personal most knowledgable on a subject will be the President and on that basis will be compelled, at the corporation's expense, to attend.... Read More

You will really have to explain to some attorney what kind of work you do, what the company does, and why you would take an unknown pill from strangers unless it was part of your job description (e.g. your job is a test subject at a pharmaceutical company). Peer pressure ... if you're older than 17 years old why are you still making excuses about peer pressure. It's a free country, and like the advertising against drugs advises: "just say no". ... Read More

Home improvement contracts in California must have some very specific information, including the right to cancel.  If your contracts do not contain all of this information, you will have difficulty collecting payments.   You should obtain the services of an attorney to review your existing contract and make sure you are in compliance with these rules.     Robert J. SpitzLaw Offices204 N. San Antonio Ave.Ontario, CA 91762(909) 395-0909fax (909) 395-9535email: tplaw@aol.comWebsite: robertspitzlaw.com... Read More

Simply put, yes the landlord can attempt to attach the assets of Corp B.  The question is whether that will be successful.  Since both SH1 and Alt 1 guaranteed the lease, the landlord can go after their assets to satisfy the debt, which can include an attempt to get these folks' ownership of Corp B.  To get the assets of Corp B, the landlord must show that Corp B is the alter ego of Corp A.... Read More

It all depends if you were an employee or an independent contractor. The employer owns the copyright work product of its employees (unless there is a written agreement with a "work made for hire" clause) but an independent contractor owns the copyright of work made under contract, again absent a work make for hire provision in a written contract. ... Read More

The secured creditor can either take possiession or can sell the collateral at your premises under Uniform Commercial Code section 9-602(a)(2). You need to find out if the bank will promptly conduct a sale at your premises or if they will, in writing, waive their rights to the collateral (and permit you to sell to recover your unpaid rent.) ... Read More

An S corporation is like any other corporation. S refers to tax treatment, and is an alternative to the default designation, which is a C corporation. You should not give away stock without much more consideration. The decision to give or sell, from the corporation or yourself, is best taken in conjunction with your CPA and a lawyer that you will use not just now but from time to time throughout the life of the buisness. You really need a buy-sell agreement to create a market in the event that one of you dies, becomes permanently disabled or wants to retire. Off the shelf bylaws won't be enough  and a management agreement, no matter how informal will help you a lot.  There are a lot of other questions, like why you seem to have "par value" stock of $1 when the rest of the world uses "no par value" stock. Your background in dealing with the corporate formalities is not so clear. Good luck in you new business. ... Read More