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California Business Litigation Legal Questions

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62 legal questions have been posted about business litigation 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 law, business formation, and business planning. All topics and other states can be accessed in the dropdowns below.
California Business Litigation Questions & Legal Answers - Page 3
Do you have any California Business Litigation questions page 3 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 62 previously answered California Business Litigation questions.
Business Litigation
California

Recent Legal Answers

What is the statute of Limitations to file a lawsuit on an overpayment of $400k in est.final profits on the dissolution in 2007 ? It was a CA S-Corp.

Answered 13 years and 8 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business Litigation
Generally, four years -- although the limitation period might conceivably be extended by the partial payment made in 2010. Contact an attorney immediately.
Generally, four years -- although the limitation period might conceivably be extended by the partial payment made in 2010. Contact an attorney... Read More

I got an attorney in Florida to fight a default judgment. signed a flat fee contract with my attorney.. now wants more money.

Answered 13 years and 8 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business Litigation
You have a problem. Obviously, a deal is a deal, and it is unethical for an attorney to disregard the terms of his own engagement. You can complain to the appropriate authorities, but that won't help you get your judgment opened. Your choices are not attractive -- get a new attorney or pay up with the one you've got. Since you know the one you've got is a crook, you are probably better off paying up and getting a new attorney. Then file a grievance against the old one.  ... Read More
You have a problem. Obviously, a deal is a deal, and it is unethical for an attorney to disregard the terms of his own engagement. You can complain... Read More

Can minority shareholders who filed a complaint on behalf of a corporation against the majority shareholder substitute in place of the corporation?

Answered 13 years and 8 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business Litigation
The answer is "it depends," and a great deal may depend on the whim of the individual judge to whom the matter is assigned. Generally speaking, leave to amend is frequently granted, and apparently in this case there is no question of the futility of demand. Your attorney can properly assist you in this matter. This is not the kind of issue that lends itself to pro se drafting.... Read More
The answer is "it depends," and a great deal may depend on the whim of the individual judge to whom the matter is assigned. Generally speaking, leave... Read More

I have a small business, and my landlord says I have 1152 rentable square feet, but when I mearsure the insides, there is only 1105.7 square feet.

Answered 13 years and 10 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business Litigation
The concept of "rentable" space is common in the real estate industry. It is not the same as "usable" space, and tenants (and their attorneys who negotiate leases) are expected to know the difference. The "rentable" space includes your share of usable elements in the building, for which the landlord must pay but for which you receive no benefit. As long as all tenants are being charged on the same basis, there's no harm to you, since the loss is proportionately the same for all.... Read More
The concept of "rentable" space is common in the real estate industry. It is not the same as "usable" space, and tenants (and their attorneys who... Read More

Can I take a company to a criminal court for fraud by misrepresentation? if the company is found at fault what will the court do, will I get my money?

Answered 13 years and 11 months ago by Victor Obninsky (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business Litigation
You probably can sue for breach of contract and fraud in your local small claims court if the amount you are seeking is not too high; otherwise it would be a "limited action" in Superior Court.  Your Da may have a mediation service for public consumer complaints, but you will get nowhere trying to get a criminal case filed.  Good luck.... Read More
You probably can sue for breach of contract and fraud in your local small claims court if the amount you are seeking is not too high; otherwise it... Read More

Can a Certificate of Service be backdated? If a party files a motion and forgets to attach a COS, can one be lodged on a later date for that motion?

Answered 14 years and a month ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business Litigation
It depends. Assuming the clerk doesn't reject the motion, the key issue is whether the other side actually receives the papers and responds to them. If they do, then the defect may be deemed to have been waived. Some judges may be stricter than others in allowing these kinds of defects to be cured when, as in this case, service was actually made and presumably received. By "backdated," I assume you mean currently dated indicating that service was made at an earlier date.... Read More
It depends. Assuming the clerk doesn't reject the motion, the key issue is whether the other side actually receives the papers and responds to them.... Read More

Infringement of Rights. Can someone read my case plz. What can be done or I should be fine?!

Answered 14 years and 4 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business Litigation
You previously posted the same question, and it was responded to.
You previously posted the same question, and it was responded to.

What are the estimate attonery fees? For a Start-up vocational instructional business out of San Diego Ca.

Answered 14 years and 4 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business Litigation
You should plan on between $1,000 and $2,000, including filing fees and counseling. Much of the ultimate cost will depend on how much you can handle yourself, such as applying for registration with tax and licensing authorities. If you expect your attorney to do these things for you, then the costs will be higher.... Read More
You should plan on between $1,000 and $2,000, including filing fees and counseling. Much of the ultimate cost will depend on how much you can handle... Read More

e-commerce

Answered 14 years and 4 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business Litigation
As a general matter, if you acquired the sunglasses lawfully (including the people you acquired them from having acquired them lawfully), you may sell them. They are your property and you have an absolute right to dispose of them. You also have the right to advertise them truthfully. It is possible that the sunglasses you are selling were imported into the United States unlawfully or that they are counterfeit. In those circumstances, you may have liability for their sale. You should consult with an attorney who specializes in intellectual property law.... Read More
As a general matter, if you acquired the sunglasses lawfully (including the people you acquired them from having acquired them lawfully), you may... Read More

Retirement account liquidation by the previous employer, if I were to look for a lawyer what kind of specialty should I look for in the lawyer/firm

Answered 14 years and 6 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business Litigation
It is difficult to understand how you have been harmed by the liquidation of your account. You can roll the proceeds over, tax-free, to an IRA. The IRA can be self-directed if you are interested in preserving a range of investment choices.
It is difficult to understand how you have been harmed by the liquidation of your account. You can roll the proceeds over, tax-free, to an IRA. The... Read More

Non-profit and DBA for fundraiser. Someone trying to steal name.

Answered 14 years and 6 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business Litigation
This dispute arises under the law of trademark. Normally, rights to use such names arise from use, not registration. In other words, one obtains no right to use a trademark merely by registering the trademark of an earlier ("senior") user; the junior user is still an infringer, even though the name is registered as a trade name. If the festival name has commercially important value to your organization, you should engage experienced trademark litigation counsel and protect your rights.... Read More
This dispute arises under the law of trademark. Normally, rights to use such names arise from use, not registration. In other words, one obtains no... Read More

Is it possible to record a judgment lien on a personal real estate property of the business'' owner?

Answered 14 years and 7 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business Litigation
As a general matter, the proprietor and the business are the same in a sole proprietorship. If you have a judgment against the business, then you may have incorrectly sued using the proprietor's trade name or assumed name. You should consult an attorney about recording your lien against the proprietor using the correct name.... Read More
As a general matter, the proprietor and the business are the same in a sole proprietorship. If you have a judgment against the business, then you may... Read More
Business Litigation
California

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