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2 Answers | Asked in Business Law, Real Estate Law, Contracts and Landlord - Tenant for California on
Q: Is this possible Increasing commercial rent 35% in CA?

Currently, my commercial rent contract expires soon(Apr 30,2024)and I will re-new the contract. But landlord told me the rent will be increased 35%. Is this possible legally in CA?

Robert Kane
Robert Kane
answered on Apr 6, 2024

Commercial leases are less regulated than residential for a few reasons. The parties are considered to be more evenly situated and shelter is a basic human need. Commercial leases are usually for a longer term (e.g. 5 years) so a substantial increase is not unheard of. Obviously, without knowing... View More

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1 Answer | Asked in Business Law for California on
Q: Small Business status not claimed on a DoT CalTrans bid proposal.

The low bidder forgot (?) to 'claim' SBE status on electronic bid submittal, but is a certified SBE. The bid amount difference between 1st and 2nd is only $848 on a $2,4Mill bid. Second bidder ('I') claimed and is a certified SBE. Can 1st place bidder still claim SBE status after the fact?

James L. Arrasmith
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answered on Apr 5, 2024

Under California law, the rules regarding Small Business Enterprise (SBE) status and bidding on Department of Transportation (CalTrans) projects can be complex. In general, if a bidder fails to claim SBE status at the time of submitting their bid, they may face challenges in claiming that status... View More

1 Answer | Asked in Business Law for North Carolina on
Q: In an S Corp, 50/50, losing money, only I believe the firm must stop operations and let go of employees. How do I remove

...remove myself from the liabilities incurred by the other party if he continues without my agreement, before the formal dissolution?

James L. Arrasmith
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answered on Apr 5, 2024

In a 50/50 S Corporation where you and your partner disagree on the future of the company, it's important to protect yourself from potential liabilities if your partner continues to operate the business without your agreement. Here are some steps you can take:

1. Consult with a...
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1 Answer | Asked in Business Law, Civil Rights and Constitutional Law for Michigan on
Q: Is governing agency in violation of: 750.478 willful neglect of duty; public officer or person holding public trust or e

State regulatory agency failed to inform complainant of status of complaint, denies any duty to inform law enforcement in perjury and or criminal activity of licensee (funeral director & informant) Funeral director failed to notify next of kin & get authorization, refused to give next of... View More

James L. Arrasmith
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answered on Apr 4, 2024

Based on the information provided, it seems there may be potential violations of Michigan law 750.478, which states:

"When any duty is or shall be enjoined by law upon any public officer, or upon any person holding any public trust or employment, every willful neglect to perform such...
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1 Answer | Asked in Consumer Law, Business Law, Trademark and Intellectual Property for California on
Q: Hi, My name is Jacqueline and starting a skin care brand called Jacques Skin.

I have started an early stage skin care make up remover eye pads. My name Jacques will be a big part of the brand, but I am now concerned with Jacquemus Trademark and curious if you are able to give me insight into whether you believe this would overlap into potential future litigation since it is... View More

James L. Arrasmith
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answered on Apr 4, 2024

Hi Jacqueline,

I understand your concern about potential trademark issues with your brand name, Jacques Skin, and its similarity to the existing brand Jacquemus.

Trademark infringement occurs when there is a likelihood of confusion between two brands in the same or related...
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1 Answer | Asked in Business Formation, Business Law and Copyright on
Q: Do I need a license or partnership with Ludo studio to print Bluey on merchandise?

How can I legally print Bluely on my merchandise or any other cartoon?

James L. Arrasmith
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answered on Apr 3, 2024

To legally print Bluey or any other cartoon character on merchandise, you typically need to obtain a license from the copyright holder or their authorized licensing agent. In the case of Bluey, the intellectual property rights are held by Ludo Studio, BBC Studios, and Disney.

Here are the...
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1 Answer | Asked in Appeals / Appellate Law and Business Law for California on
Q: We are a pro per plaintiff. We prevailed in civil trial. After judgment FINALLY entered (defendant kept objecting to pro

proposed judgments) they filed for new trial. One base was newly discovered evidence. We had filed an unrelated suit against other party 3 months AFTER verdict on completely different grounds. Defendants claim this undercuts our credibility and shows our awarded damages are excessive since new suit... View More

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answered on Apr 3, 2024

Based on the information provided, it seems unlikely that the defendant's claim of newly discovered evidence would qualify as grounds for a new trial in California. Here's why:

1. Timing: The new evidence (your unrelated lawsuit) was filed three months after the verdict in the...
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1 Answer | Asked in Business Law, Contracts, Real Estate Law and Small Claims for California on
Q: What is the rule for property managers in real estate law? That they have to be licensed to perform certain duties?

The management must be incensed agent to exercise certain duties,With the exception of living on-sight, which in this case they can perform those duties, but they must be under the close supervision of a licensed realtor. Paraphrased but what if the general manager of a apartment operates these... View More

James L. Arrasmith
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answered on Apr 3, 2024

Under California law, property managers who perform certain duties must be licensed real estate agents or brokers. The specific rules are outlined in California Business and Professions Code Section 10131 and 10131.01.

If a property manager is not licensed and performs duties that require a...
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1 Answer | Asked in Real Estate Law and Business Law for California on
Q: I own a condominium which is a rental property and managed by a property management company.

Does the rent received qualify as qualified business income? And is the rental of the property considered as a pass-through business?

James L. Arrasmith
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answered on Apr 1, 2024

The rental income from your condominium may qualify as Qualified Business Income (QBI) for federal tax purposes, and the rental property could be considered a pass-through business. However, there are some factors to consider:

1. Qualified Business Income (QBI): The rental income from your...
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1 Answer | Asked in Business Law and Landlord - Tenant for Washington on
Q: In WA state, can someone retain personal property after a lien sale auction?

This is regarding items stored at a self storage facility via lien sale auction, and the bid that was accepted was received, but the items have not yet been picked up after the auction. Also, is the facility owner obligated to provide the renter with an inventory list? And is th owner obligated, or... View More

James L. Arrasmith
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answered on Mar 31, 2024

In Washington state, the laws regarding self-storage facility lien sales are governed by the Washington Self-Service Storage Facilities Act (RCW 19.150). Here are some key points:

1. Retaining personal property: Once a lien sale auction has been conducted and a winning bid has been...
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1 Answer | Asked in Business Law and Landlord - Tenant for Arkansas on
Q: What does it mean if my landlord license has been revoked? I live in arkansas.
James L. Arrasmith
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answered on Mar 31, 2024

If your landlord's license has been revoked in Arkansas, it means that they no longer have the legal right to operate as a landlord in the state. This could happen for a variety of reasons, such as:

1. Failing to maintain the property in accordance with housing codes and regulations...
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1 Answer | Asked in Employment Law, Business Law and Employment Discrimination for New Mexico on
Q: My attorney is not being straight up with me and Im afraid he's gonna Run off leave me stuck

I need to make sure my attorney is doing his job because I don't get feed back like I should he gets mad when I email him too much tell me to stop contacting him that he will let me know when there's any updates on my case and whenever it's time for me to start looking for another lawyer

Tim Akpinar
Tim Akpinar
answered on Mar 31, 2024

A New Mexico attorney could advise best, but your question remains open for two weeks. Until you're able to consult with local attorneys in your state, the general practice followed nationwide is that clients can dismiss their attorneys, and vice versa, an attorney can withdraw from... View More

2 Answers | Asked in Business Law and Contracts for California on
Q: i am owed 10,000 for painting a house. its been 8 monthes, how do I get him to pay me?
James L. Arrasmith
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answered on Mar 31, 2024

Under California law, you have a few options to try to recover the $10,000 owed to you for painting the house. Here are some steps you can take:

1. Send a demand letter: Write a formal letter to the person who owes you money, stating the amount owed, the reason for the debt, and a deadline...
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2 Answers | Asked in Business Law and Contracts for California on
Q: i am owed 10,000 for painting a house. its been 8 monthes, how do I get him to pay me?
Robert Kane
Robert Kane
answered on Mar 31, 2024

Congratulations on your new business! Welcome. All business owners need to establish an approach for collecting past due accounts and such. Ultimately, you will need to prove that you are entitled to the amount due to a judge.

It's important to document all aspects of the...
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1 Answer | Asked in Family Law, Business Law and Civil Litigation on
Q: HiI am 18 years old.Can parents take their adult child money that he made (earn) by his own.

he made his money on the phone belongs to his parents and they pay bill of the phone (such as Internet costs.

he is just a little paranoid and want to make himself comfortable about money he keeps on his account.

Regards

James L. Arrasmith
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answered on Mar 30, 2024

In most cases, if you are 18 years old and legally an adult, your parents do not have the right to take money that you have earned, even if they pay for your phone and related expenses. However, there are a few important considerations:

1. Legal adulthood: Ensure that you are indeed legally...
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2 Answers | Asked in Business Law, Construction Law, Contracts and Government Contracts for Tennessee on
Q: Do I need a contractors license to bid on a contract in TN if I am only providing materials?

I sell traffic control devices and want to bid on a contract with the county in TN. The price will be above $25,000. Do I need a contractors license to bid if I'm not providing a service? I am a wholesale company only. If so, which contractor license would I need?

Tim Akpinar
Tim Akpinar
answered on Mar 30, 2024

A Tennessee attorney could advise best, but your question remains open for three weeks. Attorneys here aren't likely to know this off the top of their heads. It might be more reliable to check with the purchasing/procurement department manager of the county - it could depend on how they wrote... View More

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2 Answers | Asked in Business Law, Construction Law, Contracts and Government Contracts for Tennessee on
Q: Do I need a contractors license to bid on a contract in TN if I am only providing materials?

I sell traffic control devices and want to bid on a contract with the county in TN. The price will be above $25,000. Do I need a contractors license to bid if I'm not providing a service? I am a wholesale company only. If so, which contractor license would I need?

Henry Ambrose
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answered on Apr 8, 2024

If you are only selling them the device, that should not expose you to Tennessee contractor laws. But if you are performing any work, or paying someone else to perform the work for the installation you probably are subject to the contractor statutes. This question is pretty complicated and will be... View More

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2 Answers | Asked in Civil Rights, Construction Law, Small Claims and Business Law for California on
Q: So I’m a small business owner and my client refused to pay the ending balance on her invoice for $3500 what can I do
James L. Arrasmith
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answered on Mar 29, 2024

Under California law, when facing a situation where a client refuses to pay the remaining balance on an invoice, you have several avenues to consider. Initially, you should attempt to resolve the dispute amicably by communicating directly with the client. It's beneficial to review the contract... View More

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1 Answer | Asked in Consumer Law, Business Law, Gov & Administrative Law and Municipal Law for California on
Q: Autopay (water bill) with a credit card & paperless billing since 2008: Can city now charge fee for credit card use?

The city gets to save money with paperless billing. The customers set up auto pay with a credit card. This was a win-win. But the city now wants to change terms saying they will charge customers for credit card fees. This eliminates the incentive for the city to use a low cost credit card... View More

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answered on Mar 27, 2024

In California, businesses, including cities providing utilities, have the discretion to charge fees for credit card transactions, subject to state regulations and any agreements they may have with customers. The legality of introducing a new fee after a service has been provided under certain terms... View More

1 Answer | Asked in Business Law for Texas on
Q: I closed my business this week and now members are asking for refunds on their accounts. The contracts state no refunds

What are my legal financial responsiblilities? This was a service based business

John Michael Frick
John Michael Frick
answered on Mar 27, 2024

As long as you provided all of the services you contracted to provide to your "members," you have no obligation to refund their payments if your contract expressly provides no refunds.

Where some service-based businesses get into trouble is when they contractually obligated the...
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