California Business Litigation Legal Questions

 Yes, you can take legal action to evict a tenant who has not been paying rent and has caused damage to the property.  In your case, since the tenant has allegedly caused damage to the property and has not been paying rent, you have strong grounds to pursue eviction. You may need to provide evidence of the tenant's nonpayment and the damage caused to the property. It is also advisable to follow the proper legal procedures for eviction, which typically involve giving the tenant written notice of the nonpayment and your intention to terminate the rental agreement if the rent is not paid within a specified period. Given the complexity of eviction proceedings and the need for proper legal representation, it would be beneficial to seek the assistance of a lawyer who can guide you through the process and represent your interests in court. Some legal aid organizations or pro bono services may be able to assist you if you are unable to afford a private attorney. In summary, you have legal grounds to evict the tenant for nonpayment of rent and property damage. It is important to follow the legal procedures for eviction and seek legal assistance to ensure that your rights as a landlord are protected. Disclaimer: The information provided in this response is for general informational purposes only and does not constitute legal advice. While I am a lawyer, I am not your lawyer and no attorney-client relationship is formed by this communication. You should not act upon any such information without first seeking qualified professional counsel on your specific matter. The content is provided "as is" without any representations or warranties, express or implied. I disclaim all liability in respect to actions taken or not taken based on any or all of the contents of this response.  ... Read More

First, send a letter to the company demanding they return your money.  Give them 30 days to respond, and if they don't just fill out form SC-100 online (you can search for "small claims complaint" or "form SC-100") and take it to your county's small claims court address (also found online)... Read More

It is likely that the firm you hired is no longer in business.  Attorney's that receive funds on behalf of their clients are required to hold them in a Trust Account referred to as an IOLTA account.  If the funds are not disbursed to a client and the Law Firm can't locate the client to disburse the funds to, after a period of time the funds will escheat to the State.  This means the funds will be sent to the State to hold for a period of time to see if someone claims those funds.  These time periods can vary from State to State.   First you should see if the Law Firm still exists and if it does request the funds from them.   If they don't exist or are no longer holding your funds then check your States Unclaimed Funds website under your name and your parents names to see if the State is holding your funds.  If you are still unable to locate the funds you may need to retain an Attorney to investigate what happened to the settlement proceeds you are entitled to.  ... Read More

To answer your questions: 1) Yes, the ADA places the legal obligation to provide services on both the landlord and the tenant. The landlord and the tenant may decide by lease who will actually make the changes and provide the aids and services, but both remain legally responsible. 2) Since she is on the lease, then yes she is jointly responsible. 3) See 1 4) The insurance coverage will depend on the terms of the insurance policy, but I doubt ADA compliance will be covered, since liability insurance is there to pay on claims of injury (e.g. if someone falls and gets hurt on the property). It doesn't matter than the plaintiff has filed so many lawsuits for ADA compliance.  It's a legally required obligation and there's no way around being compliant when someone challenges the store's non-compliance.  You can avoid the lawsuit (i.e. make it moot) by complying with the ADA requirements asap and negotiating a dismissal with plaintiff. Contact me if you would like to retain my services to advise with this issue or defend you in the lawsuit.... Read More

Normally, the answer is that you need to appear in person -- but because of the pandemic, this isn't a normal time.  Contact the chambers for the judge that is participating in the MSC and find out what the judge's procedures currently are. Many courthouses are still closed to the public, and even those that have opened again are allowing people to appear by video. Do it as early as you can... Read More

At the risk of stating the obvious, use lawyers.com to find a lawyer in your area that has experience in this business/technology area. Find at least three, if you can, and contact them to find out if they are available, have the experience, and are willing to do it at a price that is acceptable to you. Most lawyers in private practice in California are listed on lawyers.com, and most of those have specialties that you can see. Good luck! ... Read More

One possibility to think about is an involuntary dissolution, as allowed by Cal. Corp. Code sec. 1800 et seq. This allows people without a majority interest an "out," and it could be good leverage to an orderly sale of assets or stock. Check with a business lawyer in your area as to what is best for you. Lawyers.com can help you do that.... Read More

What you have described is very serious, and you need to contact legal counsel for the LLC immediately. At the very least, I see claims for breach of fiduciary duties, breach of the operating agreement, unfair business practices, possible misappropriation of trade secrets and Lanham Act violations, conversion, and unjust enrichment, among others. Every day only increases the scope of damages to the LLC. Please do not wait.... Read More

When you enter into an agreement, you are charged with knowing the terms to that agreement. The renewal clause is there for both your convenience and that of the landlord. The landlord does not want the property to be empty if you leave. If you did not abide by the agreement in extending the term, the landlord had reason to think you did not want to continue, and sought another lessee for the space. Under the facts that you describe, you do not have a winning claim.   If the landlord has already found someone, you are probably out of luck. If the landlord hasn't found someone, approach the landlord in a friendly manner. Explain that you like the space, want to continue, and will be more careful in respecting the terms of the Agreement. It may not work, but taking responsibility for your mistakes is more likely to be a successful strategy than seeking legal relief from a court that you won't get. ... Read More

I'm not sure what you meant about "ask[ing] for the contract." Do you have a written contract in your possession? You should have gotten their signature on it back when you reached the agreement. Also, "50% of the profit" is a difficult figure. About 30 years ago, the columnist Art Buckwald reached an agreement for 10% of the profits of the movie "Coming to America," which was a box office smash. However, according to the studio, it didn't make any money, because the studio assigned much of its overhead to that one movie. If the company is truly NOT making money, then the company has a valid defense that there are no profits. A lawyer is going to be reluctant to take this case. Besides the weaknesses above, it would be almost impossible to take this case to trial for less than $14,000, and unless there is a prevailing party attorneys' fee clause in the contract, a lawyer could easily charge more than this case is worth to you. You might want to consider filing suit in small claims court (where there are no lawyers allowed), for the maximum of $10,000, rather than getting into a case in which the other side could hire an attorney.... Read More

I'm sorry to hear about your partner's passing. You had to have ben close to him if you had worked with him for any length of time. His interest in the store passed to his heirs, and I assume that means his children. I hope that you and your partner had a partnership agreement of entity governing the relationship and what happens if one of you passed, and that should be consulted first. If there is no such agreement, then the parntership ended with his passing, and provisions need to be made as to the disposal of the assets.  You need to meet with a business lawyer in your area as soon as you can to go over all this. There are too many small details that need to be discussed. If they are discussing the end of June, you have only a few days to start this process. It is best you do so right away.... Read More

The bank will contend that it is not at fault here: it did not give online access to the employee, who was able to access your personal accounts, and then siphon money out. It will contend that there is a duty on your part to control that access better. The bank isn't the wrongdoer here; the employee is. If you haven't already, make a police report describing the embezzlement. This is a crime that most police departments can understand and investigate. ... Read More

You are correct that filing an amended complaint voids the demurrer hearing. However, if you are intending to resolve the case, there's no need to file anything new before the resolution. Focus on those negotiations, and if they don't work out, then file the amended complaint and get started.... Read More

I'm not sure why Federal Express is involved here, other than as the carrier of the product back to China. Your focus should be on the Bellevue company. It is possible that company is liable for breach of its agreement to repair the product. That company's defense is likely to be that it could not be repaired, which means that it may be liable for conversion (a lawyerly way of saying "taking of") your product -- but if the product is defective, it may not have much value. You should discuss this with a business lawyer in your area.... Read More

If you used the account as a business account, the assets in the account belong to the business (whether it is a partnership, corporation, or LLC). You say that it is in "your name," but it isn't clear to what extent the ex-partner had access to it. I don't take your ex-partner's claims of suing you to be especially worrying. Assuming you are a partnership, unless there is a written partnership agreement to the contrary, you have the right to withdraw from the partnership for any reason. Once the business relationship ends, there has to be an accounting to pay vendors, finish business for clients, and lastly, distribute any remaining assets to the owners. If you worried about your physical safety, don't wait -- you need to consult with a lawyer about your specific facts and concerns. Contact a good business litigation lawyer in your area as soon as you can.... Read More

Would need quite a bit more detail to really be able to give you an opinion of whether litigation makes sense, but he does owe you a fiduciary duty as a minority shareholder.  Is the majority shareholder an employee of the company and do you know what type of salary he takes? Is there a shareholder's agreement? Happy to get on a call to discuss with you.... Read More

In federal court, you need to answer 20 days from service of the summons and complaint, so assuming the service was valid (I would have to check the documents to be sure), your response is due Wednesday, August 31st. If you haven't heard back from defendant's counsel by now, someone should contact plaintiff's counsel on your behalf to seek an extension of time to respond.    Andrew K Jacobson Bay Oak Law  ... Read More

Unfortunately, you owe all of the lease payments until the end of the lease.  Your options are (1) to negotiate a lesser payoff; or (2) to file for bankruptcy protection.  Your negotiation with the lessor should include mentioning your option to file for bankruptcy protection.  If you do nothing, then the lessor may be abel to get a judgment against you.... Read More

An attorney would have to file a response on your behalf, whether that response is an answer, demurrer, motion to quash, motion to strike, etc.  An attorney should be able to get an extension of time to file that response on your behalf.  Email or call an attorney for a full consultation. ... Read More