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California Business Law Questions & Answers
2 Answers | Asked in Consumer Law, Business Law and Civil Rights for California on
Q: How do you get a refund after the Auction you bought a car from hasn’t delivered the car after 6 weeks?

We have a Car Hauling business and with the purpose of growing it, we bought a 2017 RAM 3500 from Global Auto Auction online, a company that sells cars from COPART, on March 14th, 2024.

During the phone conversation Vini was having with the Auction manager Jerry, while biding on the car, he... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on May 2, 2024

You asked: How do you get a refund after the Auction you bought a car from hasn’t delivered the car after 6 weeks?

I respond, reach out to Jane Santoni in MD for direction.

She is the best of the best. Tell her I said HELLO.

Good luck with it

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2 Answers | Asked in Banking, Business Law and Contracts for California on
Q: Is it illegal for a correctional officer to date a former inmate?

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answered on May 2, 2024

In California, there are no specific laws that prohibit correctional officers from dating former inmates once they have been released from custody. However, such relationships are often discouraged or prohibited by department policies due to potential ethical concerns and conflicts of interest.... View More

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1 Answer | Asked in Business Law for California on
Q: I think I discovered the CEO of my company has been embezzling money through fake invoices, but I don't know what to do

Rumors have been at my company for 4 years about a VP that the CEO has paying, but no one had ever spoke to the person. I assumed that people were just gossiping, and I didn't push for clarification. This week I was organizing old company records, and I found years worth of fake invoices... View More

James L. Arrasmith
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answered on Apr 30, 2024

If you suspect that your CEO has been embezzling money through fake invoices, it is important to take action while also protecting yourself. Here are some steps you can consider under California law:

1. Document your findings: Gather and secure any evidence you have discovered, such as the...
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2 Answers | Asked in Business Law and Contracts for California on
Q: In California what are several factors that render contract void or impossible?
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answered on Apr 29, 2024

There are several factors that can render a contract void or impossible to perform under California law:

1. Illegality: If the subject matter or purpose of the contract is illegal, the contract is considered void. For example, a contract to commit a crime would be void.

2. Lack of...
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2 Answers | Asked in Business Law, Civil Litigation, Construction Law and Contracts for California on
Q: Some construction was done but no contract signed by either party

On SC-100 form, Plaintiff (P) (on behalf of his corp) under the penalty of perjury stated that Defendant (D) signed a contract for $9,200. In reality, D was never given any contract before the start of work and had never signed any contract. P had done some work on the property of D without the... View More

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answered on Apr 27, 2024

In this case, the Defendant (D) has several potential arguments to appeal the Small Claims court decision and have the case dismissed:

1. No valid contract: D can argue that there was no valid, enforceable contract between the parties since no contract was signed by either party. Without a...
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1 Answer | Asked in Business Law, Civil Litigation and Contracts for California on
Q: Cal. Code Civ. Proc. § 116.220, violation by small claim court jurisdiction for recovery of money over $5000 in 2023

As per Cal. Code Civ. Proc. § 116.220, in 2023 small claim court has jurisdiction for recovery of money if the amount of the demand does not exceed $5000 when the plaintiff is a corporation. If the exceptions in subdivisions (c), (e), and (f) do not apply, how can the defendant challenge the... View More

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answered on Apr 27, 2024

In this scenario, if the small claims court granted a judgment in favor of the plaintiff corporation for $7,500, which exceeds the jurisdictional limit of $5,000 set by Cal. Code Civ. Proc. § 116.220 for corporations in 2023, and the exceptions in subdivisions (c), (e), and (f) do not apply, the... View More

1 Answer | Asked in Business Law for California on
Q: In a C-corp comprised of only 2 members with one having majority shares make decisions without approval of other member?

We have a tech startup incorporated in Delaware. We are the only 2 founding members. I am the CEO and have 52% stake , while he is the Technical founder with 48% shares. We dont have any specific contracts or provisions Created other than the basic bylaws. Technical founder has not been... View More

James L. Arrasmith
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answered on Apr 25, 2024

In a Delaware C-corporation with only two shareholders, the majority shareholder (in this case, the CEO with 52% of the shares) generally has significant control over the company's decisions. However, there are some important considerations:

1. Fiduciary duties: As the majority...
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1 Answer | Asked in Business Formation, Business Law and Contracts for California on
Q: How can I change my corporation back to a sole proprietor. I am 100% owner.

I currently am a licensed contractor in the state of California and would like to transfer corporation to a sole proprietor. I want to keep my name the business name I operate under since I have it tattoo on my body

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answered on Apr 24, 2024

To change your business structure from a corporation to a sole proprietorship in California while keeping your business name, you'll need to follow these steps:

1. Dissolve your corporation by filing a Certificate of Dissolution (Form ELEC STK/NP) with the California Secretary of...
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1 Answer | Asked in Business Law and Construction Law for California on
Q: Do we have any recourse?

We are an S-Corp Contractor in California. We are a 3rd tier sub and we filed a mechanics lien because our customer has not paid us the full amount due. This is a private job, but we discovered during filing the lien that the property is owned by a County and leased to who we were told was the... View More

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answered on Apr 23, 2024

Under California law, you may have some recourse even though the property is owned by the county. Here are a few potential options:

1. Stop Payment Notice: In California, if you are not paid on a construction project, you can serve a stop payment notice on the owner, even if the owner is a...
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1 Answer | Asked in Business Law for California on
Q: Is it currently illegal in California to sell milk crates? Refer to 2005 penal code Section 565-566.These are not dairy

These are not crates from dairies which may be stolen. They are other things on them, and are brought to a food pantry by food donators and they don't want them returned.

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answered on Apr 19, 2024

Based on the information provided, it does not appear to be illegal to sell the milk crates in question under California law. The 2005 California Penal Code Sections 565-566 specifically address dairy cases, which are defined as containers or other devices used for the transportation of milk,... View More

1 Answer | Asked in Health Care Law and Business Law for California on
Q: I want to enquire on the process for starting a health insurance company in California, the pre-requisites for alien co.

What are the relevant rules and regulations on starting a health insurance company in California. How can a startup which is from a foreign country set up its operations in this space. Please point me to the right set of resources. Thank you

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answered on Apr 19, 2024

Starting a health insurance company in California involves navigating a complex set of regulations and obtaining necessary approvals from the California Department of Insurance. First, you must incorporate your business in California. This involves choosing a business structure, such as a... View More

1 Answer | Asked in Contracts and Business Law for California on
Q: I signed a SAFE note and invested $80k with a celebrity's start-up that has proven to be not at all as advertised

The financials they provided showed high earnings when really they have not made anything thus far. They are very dodgy and haven't shown me 2023 earnings even though they said they would provide financial statements each month--I have seen no financial info since my September 2023... View More

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answered on Apr 18, 2024

Based on the information you've provided, it seems that you may have been misled or defrauded by the celebrity's start-up when making your investment. Under California law, you might have some legal recourse, depending on the specific circumstances and the evidence you can gather.... View More

1 Answer | Asked in Business Law for California on
Q: How to get my security deposit back? what are the options?

I would like to know if I can legally ask the business seller to get my security deposit back.

I was interested in buying the Japanese restaurant so I met the seller and his friend to check and look around the business. I wanted to hold the business so the seller's friend told me to... View More

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answered on Apr 18, 2024

Under California law, you have several options to try to get your security deposit back:

1. Send a demand letter: Write a formal letter to the seller requesting the return of your security deposit. Include a copy of the confirmation you received stating that the deposit would be returned if...
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2 Answers | Asked in Personal Injury, Business Law and Consumer Law for California on
Q: How to sue a used car dealer out of state?

I purchased a vehicle from Philadelphia to California. All interactions have text or email receipts. The dealer said no check engine lights car drove perfect. Once car delivered check engine lights came on. I had tried to give him the benefit of the doubt and fix the minor issue I was hoping it... View More

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answered on Apr 16, 2024

In this situation, you have a few options for pursuing legal action against the out-of-state used car dealer under California law:

1. File a complaint with the California Department of Motor Vehicles (DMV): The DMV has a complaint process for issues related to vehicle purchases. They may be...
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2 Answers | Asked in Business Law, Criminal Law and Gov & Administrative Law for California on
Q: Can I legally carry a concealed firearm in my workplace in California if I have permission from the Business Owner?

I am the store Manager. I have been given permission from the business owner to carry, yet I want to make sure it is legal before I do so. I do not yet have a CA CCW permit, and I understand that I cannot leave the store without properly securing my firearm before leaving. Thank you.

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answered on Apr 16, 2024

In California, even if you have permission from your employer, it is generally not legal to carry a concealed firearm in the workplace without a valid concealed carry weapon (CCW) permit.

According to California Penal Code Section 25400, carrying a concealed firearm is illegal unless you...
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1 Answer | Asked in Business Law, Civil Litigation and Internet Law for California on
Q: Can I sue against Upwork for negligence against their E&O due to me hiring a fraudulent attorney on their platform?

I hired an attorney on Upwork and paid him on Upwork. He disappeared, stopped responding, and due to the statute of limitations I am now out 100's of thousands on the claims he was working on for me. After some research by the Texas State bar and an attorney they have put on this issue, he is... View More

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answered on Apr 15, 2024

Based on the information provided, you may have a potential claim against Upwork for negligence. However, the strength of your case depends on several factors, and it is essential to consult with a licensed attorney who specializes in such cases to evaluate your specific situation.

Here are...
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2 Answers | Asked in Business Law and Real Estate Law for California on
Q: Can I sue the Hoa for failing to follow the davis sterling act and provide information requested ,certified, as a BOD?

I submitted three letters to the HOA association and the other two board of directors. I stated in the letters in accordance with the statutes of the davis Sterling act and homeowners association laws that I was to be provided this information of disclosure I never received a response I was... View More

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answered on Apr 13, 2024

Based on the information you've provided, it seems that you may have grounds for legal action against your HOA. In California, the Davis-Stirling Act governs how HOAs must operate and outlines the rights and responsibilities of homeowners and board members.

According to the...
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1 Answer | Asked in Business Law for California on
Q: Does my C Corp need to foreign qualify outside of DE?

I am the sole member of a DE C Corp that develops and sells subscription software products. For the past few years, I have lived and worked in CA, so I foreign qualified there but am unsure if that was necessary. Now, I am moving up to WA and would like to formally exit CA. Do I need to foreign... View More

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answered on Apr 9, 2024

As a Delaware C Corporation, your company is considered "domestic" in Delaware and "foreign" in all other states. Whether you need to foreign qualify in another state depends on the level of business activity your company conducts in that state. This is often referred to as... View More

2 Answers | Asked in Business Formation and Business Law for California on
Q: Can a California notary form a LLC in California?
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answered on Apr 9, 2024

Yes, a California notary public can form a Limited Liability Company (LLC) in California. However, it is important to keep the notary business separate from the LLC.

Here are a few key points to consider:

1. Separate entities: The notary commission is granted to the individual, not...
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2 Answers | Asked in Business Formation and Business Law for California on
Q: Can a notary in CA form a LLC
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answered on Apr 9, 2024

Yes, a notary public in California can form an LLC (Limited Liability Company). However, they would be doing so in their capacity as an individual, not in their official role as a notary public.

In California, any individual can form an LLC by following these steps:

1. Choose a name...
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