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 8
Do you have any California Business questions page 8 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

Can I be sued for contracts and payments that had nothing to do with a new employer?

Answered 10 years and 11 months ago by attorney Jonathan Howell   |   1 Answer   |  Legal Topics: Business
I would need a bit more info to give you an accurate answer. Were you working as an employee at the company and did you have a contract with them? How much money is in dispute?   Thanks,Jon
I would need a bit more info to give you an accurate answer. Were you working as an employee at the company and did you have a contract with them?... Read More

Contract of Sale of Business

Answered 10 years and 11 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
Normally all the material terms of an agreement in writing should be included in the writing. I suspect there are additional facts or this would be a rhetorical question. 
Normally all the material terms of an agreement in writing should be included in the writing. I suspect there are additional facts or this would be a... Read More

Importing fruits from Asia, what do I need to cover legalities?

Answered 10 years and 11 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
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
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... Read More

Misrepresentation of winning money in app game

Answered 10 years and 11 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
Please see my answer to your prior identical posting. Probably a tech glitch. Thank goodness you didn't spend/waste much money. 
Please see my answer to your prior identical posting. Probably a tech glitch. Thank goodness you didn't spend/waste much money. 

Misrepresentation of winning money in app game

Answered 10 years and 11 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
You can notify the California attorney general if you want to protect the public. Suing yourself is too difficult and uneconomical. 
You can notify the California attorney general if you want to protect the public. Suing yourself is too difficult and uneconomical. 

Is my USPTO Trademark protected worldwide?

Answered 10 years and 11 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
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
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... Read More

Can a person in Jeffeson County Kansas file a small claims court suit against a person in California?

Answered 10 years and 11 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
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
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,... Read More

business dispute

Answered 10 years and 11 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
Please see my answer to your identical posting of today. 
Please see my answer to your identical posting of today. 

business dispute

Answered 10 years and 11 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
You don't ask a question. A low price for the wrong material is no bargain. A high price for the "right" material is OK if it was the contract price. 
You don't ask a question. A low price for the wrong material is no bargain. A high price for the "right" material is OK if it was the contract... Read More

Deposition Appearance - Out of State

Answered 10 years and 11 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
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
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... Read More

Can I sue the company I work for because management peer pressured me into taking a drug I have never taken before?

Answered 10 years and 11 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
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
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... Read More

I run a home refurbishment company and I need to know what type of contract I need to make sure I get paid.

Answered 10 years and 11 months ago by Robert John Spitz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
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
Home improvement contracts in California must have some very specific information, including the right to cancel.  If your contracts do not... Read More

Trademark law: I want to name my business in California but found the same name is being used in Kansas.

Answered 10 years and 11 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
Federal trademark registration is national in scope. You are best served by finding/devising a new, unique and distinctive name. 
Federal trademark registration is national in scope. You are best served by finding/devising a new, unique and distinctive name. 

What is a reasonable amount of time for an employer to give an employee to respond to a severance agreement?

Answered 10 years and 11 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
Since there is no legal obligation (as opposed to an obligation which may have been created by contract) to offer a severance package, reasonable can be as short or long as the offering party decides. 
Since there is no legal obligation (as opposed to an obligation which may have been created by contract) to offer a severance package, reasonable can... Read More

Is a Corporation responsible for a shareholder's personal debt?

Answered 11 years ago by Carl James Kanowsky (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
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
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... Read More

If an independent contractor behaves negligently while carrying out their work, who can the injured party sue?

Answered 11 years ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
The person breaching their duty of care is the one who can be sued for negligence. On your very, very short facts that appears to be the independent contractor. 
The person breaching their duty of care is the one who can be sued for negligence. On your very, very short facts that appears to be the independent... 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
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... Read More

Bank property

Answered 11 years ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
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
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... Read More

Ate at a restaurant and my friend just started to work there and informed me that the salsa they reuse if the customer does not eat it

Answered 11 years ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
No, you have to have damages in order to bring a lawsuit. Avoiding an unpleasant situation is good luck, not the basis of a lawsuit. 
No, you have to have damages in order to bring a lawsuit. Avoiding an unpleasant situation is good luck, not the basis of a lawsuit. 

recived a letter from anthem blue cross that my personel info was stolen

Answered 11 years ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
I got the same letter. There is nothing to do at this time. The fact they were hacked does not mean identity theft is around the corner but you want to change your passwords for online accounts and carefully review your financial records, like bank statements for the next six months. 
I got the same letter. There is nothing to do at this time. The fact they were hacked does not mean identity theft is around the corner but you want... Read More

How do I determine what legal words I can use to describe my business services?

Answered 11 years ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
First I would check with the California Medical Quality Control Board. Then you need to consider California laws regarding false advertising and unfair competition.
First I would check with the California Medical Quality Control Board. Then you need to consider California laws regarding false advertising and... Read More

Can my Nevada LLC business provide "professional services" in California?

Answered 11 years ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
It would help if one knew what profession. Different licensing agencies have different rules. Somewhere, however, there is a solution. 
It would help if one knew what profession. Different licensing agencies have different rules. Somewhere, however, there is a solution. 

Where can I check to see if my personal information was used to start a company in California without my consent...??

Answered 11 years and a month ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
If you know the name of the company,  you can search the Calfiornia Secretary of State site here: www.kepler.sos.ca.gov  If you don't have a name of the company, you will have trouble locating the entity since there is no index by incorporator. 
If you know the name of the company,  you can search the Calfiornia Secretary of State site here: www.kepler.sos.ca.gov  If you don't... Read More

Special beauty training course is asking that I sign a non-compete that will bar me from training others for 5 years.

Answered 11 years and a month ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
Normally non-compete agreements are not enforceable in Califoria as against public policy. The one you describe does not appear to be an exception. 
Normally non-compete agreements are not enforceable in Califoria as against public policy. The one you describe does not appear to be an... Read More

Adding partner to S-corp

Answered 11 years and a month ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
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
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... Read More