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California Business Law Questions & Answers
1 Answer | Asked in Business Law, Internet Law, Copyright and Intellectual Property for California on
Q: Chinese company wants to use my registered business name and internet search words- whether I allow or not

I have been receiving letters from Chinese registry asking if they may use my company's registered name for their client, just with other than .com extension. I have answered that I only keep the xxxxx.com name, which has been registered after my company since 2002, only with other than .com... View More

James L. Arrasmith
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answered on Mar 13, 2024

You have certain rights to protect your registered business name and intellectual property. Here are some options you can consider:

1. Trademark protection: If you have registered your business name as a trademark with the United States Patent and Trademark Office (USPTO), you have legal...
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1 Answer | Asked in Business Law and Gov & Administrative Law for California on
Q: It is legal to sell my personal wine and whisky collection in my own liquor in California with a valid liquor license?
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answered on Mar 11, 2024

In California, it is generally not legal to sell your personal wine and whisky collection in your own liquor store, even if you have a valid liquor license. This is because of several factors:

1. Personal collection: Your personal alcohol collection is considered private property and not...
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1 Answer | Asked in Business Law and Civil Rights for California on
Q: what personal info is allowed to be given out about an ex employee. not trying to hire them.

Business is being harassed by an ex boyfriend who wants info about 2 former employees and why they were let go. Assuming there are privacy protections for personal info and looking to find the law about it.

James L. Arrasmith
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answered on Mar 11, 2024

In California, there are several laws that protect the privacy of current and former employees. Employers are generally prohibited from disclosing certain personal information about their employees to third parties, including ex-partners. The most relevant laws in this context are:

1....
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1 Answer | Asked in Banking and Business Law for California on
Q: Should I electronically link my business checking and personal accounts at my local bank?

I own real estate and have a dedicated LLC business checking account at my local bank for it. This account is separated and there is *no* link to my personal account at the same bank. However, the no link is getting to be a hassle for transferring money because I must write a check to myself every... View More

James L. Arrasmith
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answered on Mar 8, 2024

When managing both personal and business finances under the same bank, the convenience of linking accounts can be appealing. However, it's important to weigh this convenience against potential risks, especially concerning liability and litigation. Keeping your business and personal accounts... View More

1 Answer | Asked in Contracts, Business Formation and Business Law for California on
Q: We are a non-profit booster organization. We are attempting to compel a former treasurer's refusal to return documents.
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answered on Mar 7, 2024

Under California law, a nonprofit organization has the right to access and retain possession of its official records, including financial documents handled by its treasurer. If a former treasurer is refusing to return such documents, the organization can initially try to resolve the matter through... View More

1 Answer | Asked in Business Law for California on
Q: how do i protect my software company from being liable from software misuse?

I am a software engineer and have a software company.

I am working on a software that would help people get elaborated instant answers on their mock interviews/exams/certifications.

this software can also be used to get answers in real exams/interviews ... which we do not endorse... View More

James L. Arrasmith
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answered on Mar 4, 2024

To protect your software company from liability arising from software misuse under California law, it's essential to take proactive steps. One effective approach is to include a comprehensive terms of service agreement and a clear end-user license agreement (EULA) with your software. These... View More

2 Answers | Asked in Consumer Law and Business Law for California on
Q: Client wants refund on sale pre-paid beauty package, now wants to sue. Website policy states NO refund on sale items! CA

My small beauty business is in California (Los Angeles county). I offer discounted pre-paid beauty service packages. My client purchased one of these packages and now a year later she wants full refund. My policy is posted on my website, which states that there is NO refund on sale items/... View More

Leon Bayer
Leon Bayer
answered on Mar 3, 2024

You never know what is going to happen in small claims court. That court does not always follow established rules and stretches the law to be "fair." And the judge may spot something else in your business practices or products that the judge thinks is deceptive or unfair, even if it was... View More

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2 Answers | Asked in Consumer Law and Business Law for California on
Q: Client wants refund on sale pre-paid beauty package, now wants to sue. Website policy states NO refund on sale items! CA

My small beauty business is in California (Los Angeles county). I offer discounted pre-paid beauty service packages. My client purchased one of these packages and now a year later she wants full refund. My policy is posted on my website, which states that there is NO refund on sale items/... View More

James L. Arrasmith
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answered on Mar 3, 2024

Under California law, businesses have the right to establish their own refund policies, provided these policies are clearly communicated to the customers before the purchase. If your policy of "No refunds on sale items" was clearly posted on your website and made known to the client at... View More

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1 Answer | Asked in Business Law and Landlord - Tenant for California on
Q: Looking to see how much I'm able to raise my tenants rent in Martinez, CA. She's currently on a month to month lease

Been a tenant for over a year and a half and I've never raised rent. Also need to know how much notice I need to give for the rent increase. Not sure if its 30 or 60 days. Will raising the rent effect being able to give the tenant a 30 day notice to end the lease if we choose to do that soon?... View More

James L. Arrasmith
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answered on Mar 1, 2024

Under California law, the amount by which you can increase rent for a tenant on a month-to-month lease depends on state rent control regulations, including the California Tenant Protection Act of 2019. This law caps rent increases at 5% plus the local inflation rate, but not more than 10% total,... View More

1 Answer | Asked in Business Formation and Business Law for California on
Q: I am in Lancaster, CA. I want to start my own business

I will be doing my business out of my home, online. I will not have any inventory, I will not be selling any products, I will have no clients at my house and I will be the only employee. I will offer a service and will charge a finders fee if the client agrees and completes all paperwork. I will... View More

James L. Arrasmith
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answered on Feb 29, 2024

Starting your own business in Lancaster, CA, as a sole proprietor and offering a service online is an exciting venture. To begin, you will need to file for a "Doing Business As" (DBA) if you plan to operate under a name different from your own. This is essential for opening a business... View More

1 Answer | Asked in Business Formation and Business Law for California on
Q: I want to start my own business. I live in LA County, California.

I would work from home, I have no inventory or items to sell and I will not have anyone coming to my home. I will be offering a service that can be done mostly online. I think it will be best for me to run my business as a Sole Proprietor and will apply for my DBA. What licenses or forms do I need... View More

James L. Arrasmith
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answered on Feb 29, 2024

Starting your own business in LA County, California, as a sole proprietor with a focus on providing online services is a commendable initiative. Since you're considering operating under a name different from your own, filing for a "Doing Business As" (DBA) is indeed your first step.... View More

1 Answer | Asked in Business Law, Civil Litigation and Family Law for California on
Q: In family law, what do I file to compel a production of business records when the consumer has objected?

I subpoenaed business records from LegalZoom for my mother-in-law's account containing LLC documents showing my wife was a member (secretly) of several LLCs with her parents incorporated during our marriage (and into which my wife put some of my money). My mother-in-law lawyered up and... View More

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answered on Feb 29, 2024

In California family law, if you face objections to a subpoena for the production of business records, such as the situation you're describing, the appropriate action is to file a motion to compel production of documents with the court. This motion asks the court to order the party or entity... View More

1 Answer | Asked in Contracts and Business Law for California on
Q: I joined an organization over 2 years ago. Today they sent me the invoice from 2022. Is that invoice still valid? In CA
James L. Arrasmith
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answered on Feb 28, 2024

In California, the validity of an invoice sent several years after the services were provided or goods were delivered depends on a few factors, including the nature of the agreement and the statute of limitations for debt collection. Typically, businesses should bill for services or products... View More

1 Answer | Asked in Banking and Business Law for California on
Q: How should large sum of money be deposited(380,000 inheritance)?

My boyfriend has had horrible experience customer service wise with Wellsfargo but says he wants to make it as easy as possible for his sister because it’s taking longer than expected but I read online it’s not as simple as I thought and definitely don’t believe he should do whole amount with... View More

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answered on Feb 28, 2024

When receiving a large sum of money, such as an inheritance of $380,000, careful consideration should be given to how and where the funds are deposited. It's important to understand that while banks like Wells Fargo are capable of handling large deposits, diversifying the placement of funds... View More

1 Answer | Asked in Business Law, Contracts and Landlord - Tenant for California on
Q: How soon can a storage facility sell your stuff in California?

I have a storage unit at PS. I did not pay Jan. rent until Feb. 4th my bill was at $494. (Norm is $160/m) I paid half on Feb 4th $247. Don’t know how the Bill got that high that quick. then it went into lien on the 11th even after I made that big payment I thought for sure January would be paid.... View More

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answered on Feb 27, 2024

In California, the process for a storage facility to sell your belongings due to nonpayment is governed by specific laws. When you miss a payment, the facility has the right to begin the lien process, but there are required steps they must follow before your items can be sold. Typically, the... View More

2 Answers | Asked in Employment Law and Business Law for California on
Q: Can minority shareholder sue the company for unpaid wages?

*not only shareholder but owner as well

Business opened the door in Jan 2020, Covid started in March 2020, so we have to close the door, eventually terminating employees including general manager. I took position of general manager without compensation, because company didn't have... View More

James L. Arrasmith
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answered on Feb 27, 2024

In California, as a minority shareholder and owner who has also served as an employee, you have the right to pursue claims for unpaid wages. The law treats you as an employee if you have performed work for the company, irrespective of your ownership status. This distinction allows you to seek... View More

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2 Answers | Asked in Employment Law and Business Law for California on
Q: Can minority shareholder sue the company for unpaid wages?

*not only shareholder but owner as well

Business opened the door in Jan 2020, Covid started in March 2020, so we have to close the door, eventually terminating employees including general manager. I took position of general manager without compensation, because company didn't have... View More

Brad S Kane
Brad S Kane
answered on Feb 27, 2024

You are entitled to be paid minimum wage for all hours worked plus an equal amount of liquidated damages.

Thus, you are actually entitled to twice the minimum wage for all hours worked plus other penalties.

No lawyer can meaningfully address your contractual rights without reading...
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1 Answer | Asked in Bankruptcy, Real Estate Law and Business Law for California on
Q: Is an attorney required in California for an llc bankruptcy to be completed

I have a California real estate llc with many debts and it’s not currently operational due to 3 years of ongoing divorce proceeding in San Diego, CA. Do I need an attorney for any type of llc bankruptcy and how much would it cost?

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answered on Feb 24, 2024

In California, while it's technically possible to file for bankruptcy on your own behalf, including for an LLC, navigating the complexities of bankruptcy law and proceedings usually requires professional legal assistance. This is especially true for businesses such as an LLC, where the... View More

1 Answer | Asked in Business Formation and Business Law for California on
Q: hello if my business license was expired nut now renew. am i able to charge storage fees b4 or once license up todate

i had a car that was a total lost. The insurance company refuse to pay storage fee or any fees other than a tow bill. Due to my business license being expired. My business license has been renew and its up to date.

Can they get away with it.

I can not charge storage fees even... View More

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answered on Feb 23, 2024

Under California law, the legality of charging storage fees when your business license was expired depends on the specific regulations governing your business sector and local jurisdiction. Generally, operating a business without a valid license can invalidate your right to enforce contracts or... View More

1 Answer | Asked in Business Law for California on
Q: Can the Board of Directors of a California nonprofit 501(c)(4) vote via email in the case of a emergency?

In a flood, earthquake or other disaster, following the process required in our Bylaws, it may not be possible to get immediate approval from the Board of Directors for necessary remedial expenditures. In that case, would it be possible to include a disaster clause in our bylaws approving funds... View More

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answered on Feb 22, 2024

In California, nonprofit corporations, including 501(c)(4) organizations, are governed by both state law and their own bylaws. State law does allow for boards to conduct business via electronic means, including email, as long as all members consent to this method of communication for... View More

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