Pavel Kolmogorov Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 22, 2025

In California, annuity payments from a structured settlement can’t be redirected to a third party unless a judge has approved the transfer in a final court order under the Structured Settlement Protection Act. If your payments were rerouted based only on a “fax” or similar instruction and... View More

Pavel Kolmogorov Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 7, 2025

Your idea by itself isn’t protectable. What you can protect are (1) the implementation (code, architecture, algorithms) through copyright, trade secrets, and possibly patents; (2) the brand through trademarks; and (3) your disclosures through well-drafted confidentiality agreements. An LLC helps... View More

Pavel Kolmogorov Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 6, 2025

In California, a co-owner generally cannot unilaterally “remove” another member from an LLC or strip that person’s ownership without the member’s consent or a valid legal basis in the operating agreement or statute, and certainly not without notice. Unilaterally closing the LLC’s bank... View More

Pavel Kolmogorov Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 29, 2025

Members have statutory inspection and information rights that a manager can’t waive or ignore. Put a formal written demand on the manager and the LLC (not just a text), cite the Corporations Code, give a short deadline, and request a date to inspect and copy the required records. If they still... View More

Pavel Kolmogorov Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 15, 2025

No, you don’t need to (and generally shouldn’t) shotgun serve “both agents.” In California, the safe, clean way to serve an LLC is to personally serve the registered agent listed with the Secretary of State at the address on file. That’s the official appointment for service. An... View More

Pavel Kolmogorov Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 15, 2025

Your partner can sell his/her economic rights, but they can’t make you take on a new partner without your consent. In California’s default partnership rules (which apply when there’s no written agreement), a partner may transfer their “transferable interest,” basically their share of... View More

Pavel Kolmogorov Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 9, 2025

The short answer is probably not, at least not by itself. Accepting a pro‑rata share of rent is what a non‑managing co‑owner is entitled to if other co‑owners decide to rent the place out. A co‑owner who collects rent has to “account” to the others. Taking that check can be viewed... View More

Pavel Kolmogorov Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 25, 2025

If you wish to exit quickly and cannot reach an agreement, filing a partition action is your most direct legal option. A partition action compels either the physical division of the property or (more commonly) its sale, with proceeds divided according to ownership interests (CCP §§ 872.010 –... View More

Pavel Kolmogorov Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 12, 2025

Generally speaking, the situation you've described is not allowed. Here are the main issues I see:

1. Director’s Breach of Duty: Directors must act in the best interests of their company and its shareholders. Using the company's employees for another business without proper... View More

Pavel Kolmogorov Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 16, 2025

The manager's conduct in changing the contact method without notice or consent may not be lawful under California LLC laws and the operating agreement, depending on the specific terms of the operating agreement and the manager's fiduciary duties. California law provides that the operating... View More

Pavel Kolmogorov Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2025

When a contract includes an attorneys’ fees clause, it typically allows the prevailing party to recover “reasonable” attorneys’ fees incurred in enforcing the agreement. Even if the legal work is repetitive or done using templates, the key issue is whether the fees claimed are reasonable... View More

Pavel Kolmogorov Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 10, 2025

First, review the contract itself. You mentioned it clearly states that any work put into Bloxstar Corporation is owned by the company. Check for specific clauses like an “assignment of rights” or “work-for-hire” provision. These typically mean that any contributions (like UI designs) made... View More

Pavel Kolmogorov Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 9, 2025

The sales tax liability is usually considered a debt of the LLC, not the individual members, as long as the LLC has been properly maintained (e.g., keeping business and personal finances separate, filing required paperwork, etc.) However, there are situations where the CDTFA could attempt to hold... View More

Pavel Kolmogorov Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 2, 2025

Regarding the LLC agreement amendment, I would advise to review the agreement and follow the procedures outlined there for management changes. Even if an amendment isn’t required, it’s good practice to document the decision in writing (e.g., through a resolution or updated management... View More

Pavel Kolmogorov Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2025

Generally speaking—yes, it is legal. However, one potential legal risk to consider is a claim of “tortious interference with contractual relations” or “intentional interference with prospective economic advantage.” For this to apply, the competitor would need to prove that your actions... View More

Pavel Kolmogorov Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 22, 2025

First, I would suggest gathering all the documentation you have—tax returns, bank statements, invoices, payroll records, and anything else tied to your Corp’s finances since 2014. Make digital backups and store them somewhere safe.

Next, find a new independent accountant. A forensic... View More

Pavel Kolmogorov Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 21, 2025

You can legally operate as a mobile notary and loan signing agent as a sole proprietor without forming a business entity. However, forming an LLC could offer significant advantages, particularly for liability protection and professional credibility, which are especially relevant given your plans to... View More

Pavel Kolmogorov Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 21, 2025

There are indeed specific naming requirements you must follow under state law. The California Business and Professions Code, which governs professional clinical counselor corporations, mandates that the name of your corporation reflects its professional nature and purpose.

Specifically,... View More

Pavel Kolmogorov Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 19, 2025

To obtain a business license for a direct cremation entity in Riverside County, California, you must apply to the Cemetery and Funeral Bureau, which oversees crematory licenses. Follow the link to submit your application online: https://cfb.ca.gov/licensee/app.shtml

Given crematories... View More

Pavel Kolmogorov Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 13, 2025

Based on the circumstances described, your situation touches on both employment law and intellectual property (IP) principles.

California law requires employers to pay wages for work performed. If you were tricked into working without pay, you may have a claim under the California Labor... View More