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2 Answers | Asked in Business Law, Tax Law and White Collar Crime for California on
Q: Suspect financial fraud by accountant and ex-wife in California business taxes. Need next steps.

I've been using an accountant recommended by my ex-wife since 2014 to handle the taxes of my small business, a C Corp/Electrical Contractor. After recently filing an extension for 2023, she suddenly informed me she's too busy and I should find another accountant. I suspect financial... View More

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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...
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2 Answers | Asked in Business Formation and Business Law for California on
Q: As a mobile notary in California, do I need to form an LLC or business entity?

I live in California and am becoming a mobile notary and plan to expand into loan signing services. I'm wondering if I need to form an LLC or another type of business entity for my notary services or if there's anything specific to consider for liability or business structure when... View More

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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

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2 Answers | Asked in Business Formation and Business Law for California on
Q: Naming requirements for a professional corporation in California as a licensed counselor.

I am a licensed professional clinical counselor in California and I'm thinking of opening a professional corporation solely under my license. I plan to supervise registered counselors eventually. Are there specific words or terms that must be included in the company name, similar to how LMFTs... View More

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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,...
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2 Answers | Asked in Business Formation, Business Law and Gov & Administrative Law for California on
Q: How to obtain a business license for direct cremation in Riverside County, CA?

I have already registered my business and I'm looking to obtain a business license for a direct cremation entity in Riverside County, CA. I need guidance on which agencies or departments to approach for the license, information on complying with local health and safety regulations, and help... View More

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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...
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3 Answers | Asked in Business Law, Employment Law, Intellectual Property and Contracts for California on
Q: How can I reclaim my intellectual property from a Corporation using it for unjust enrichment?

I am a co-founder of a California C Corporation startup, and I discovered that the company tricked me into working for free without any signed documents or issuance of shares. My business attorney informed me that I should have been paid under California law. The company is ignoring multiple... View More

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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...
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2 Answers | Asked in Business Law and Insurance Defense for California on
Q: Why should a Realtor get their own insurance if covered under broker's policy?

I am assisting a customer who is a Realtor, and they are curious about why they might be advised to purchase their own General Liability and E&O insurance policies if they are already covered under their Broker's policies. They want to understand the benefits or situations where having... View More

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answered on Mar 13, 2025

Individual General Liability insurance can provide additional protection that may not be covered under the Broker's policy. For example, the Broker's policy might have exclusions or limitations that do not fully protect the Realtor in certain situations. Broker-provided policies typically... View More

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2 Answers | Asked in Business Law, Contracts and Business Formation for California on
Q: Seeking options regarding a request to sign a personal guarantee for an SBA loan after leaving a company.

I was the Chief Marketing Officer and a 25% owner of a company, with no prior written agreement about stock ownership after departure. I never saw or approved an SBA loan taken by the company. Since I was terminated a year ago and signed releases, my former partner is now asking me to sign a... View More

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answered on Mar 13, 2025

You are not obligated to sign a personal guarantee for the SBA loan unless you explicitly agreed to do so in a prior agreement. Since you mentioned there was no prior written agreement about stock ownership after departure and you never saw or approved the SBA loan, you are not legally bound to... View More

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3 Answers | Asked in Contracts, Business Formation and Business Law for California on
Q: Business contract dispute with missing party and unpaid monthly fees

I signed a contract with another party to open a business, and the business license is in my name, registered with the Secretary of State in California. The business is located at my address. However, I haven't heard from the other party since November 26, 2024. There are websites running with... View More

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answered on Mar 10, 2025

Assuming you have a valid contract (oral or written) between you and your partner, you can file a civil action for breach of contract. To prove a breach of contract claim you would need to establish the existence of a contract, your performance or excuse for nonperformance, the other party's... View More

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3 Answers | Asked in Business Law for California on
Q: Timeline and process to revive suspended corporation in California and reset of operational timeline.

My corporation, HUNGRY FOR SUCCESS ATHLETICS INC., has been in "Suspended" status since April 2nd, 2024. I am unsure of the reason for the suspension and have not yet taken any steps to resolve it. I would like to understand the timeline and process to "Revive" the corporation... View More

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answered on Mar 10, 2025

You can find all the necessary information at https://www.ftb.ca.gov/help/business/my-business-is-suspended.html

The suspension is most likely due to a failure to pay taxes, as indicated by the “Suspended – FTB” notation on the Secretary of State’s records (FTB stands for Franchise Tax Board).

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2 Answers | Asked in Family Law and Business Law for California on
Q: will registering in a domestic partnership affect my personal business?

I have an established business currently registered in my name. My current partner and I are considering to register in a domestic partnership. However, I want to keep my personal relationship and business completely separate.

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answered on Feb 3, 2025

Registering in a domestic partnership will generally affect your personal business in the same way that marriage would, as domestic partners are granted the same rights, protections, and responsibilities as spouses. This includes community property rights, mutual responsibility for debts, and the... View More

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2 Answers | Asked in Real Estate Law, Identity Theft and White Collar Crime for California on
Q: What can I do if I just found out a family member has forged my signature had a quit claim deed notarized and recorded.

That deed has been notarized and recorded. I found out my mail was being forwarded to a po box down the street. Furthermore, I looked at my credit report and it says I've been working at the Unified School Dist. I DO NOT WORK THERE. but I do have a family member that has been working there and... View More

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answered on Jan 28, 2025

Firstly, you can file an action to quiet title and cancel the forged deed. This type of action involves alleging ownership and possession of the property, stating that the deed is false, fraudulent, and forged, and requesting the court to cancel the deed and declare that the defendants have no... View More

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2 Answers | Asked in Contracts and Real Estate Law for California on
Q: How to get earnest money deposit back for a home purchased in california? our contract has no contingency clauses

I recently purchased a property in California and paid my earnest money deposit 10 days ago. However, I’ve since discovered that the house is located at a T-junction, which was not disclosed by the seller or their agent. There are no finance or loan contingencies in my contract(no contingency... View More

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answered on Jan 28, 2025

In California, a seller has a common law duty to disclose facts materially affecting the value or desirability of the property if those facts are not known to or within the reach of the diligent attention and observation of the buyer. This duty extends to the seller's agent as well.... View More

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2 Answers | Asked in Construction Law for California on
Q: we hired a solar contractor to install a solar system, before sighing anything i told them we want no roof penetrations

we hired a solar contractor to install a solar system, before sighing anything i told them we want no roof penetrations, because we have a standing seem metal roof. the said no problem at all. before they began i reminded them about no holes in the roof. the job was going smooth until the 21 of... View More

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answered on Jan 27, 2025

The solar contractor is most likely responsible for repairing the hole in your roof caused by their installation. According to California law, contractors are responsible for their own negligence that causes injury or damage to the property they are working on. In your case, the contractor was... View More

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2 Answers | Asked in Business Law for California on
Q: If purchase agreement is not written correctly leads to one party sue the other weather if the contract has to be

Terminated in writing or not. State in the agreement

If the buyer does not approve of the books and records, in writing in within the Pacific time. Either party may terminate the contract. One party says it it says it can be terminated and it only has to be in writing if they’re agreeing... View More

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answered on Jan 24, 2025

If the agreement’s language is unclear, each party might interpret it differently, which can definitely lead to legal disputes.

If one side believes that only written approval is required, while the other thinks that any termination also needs to be in writing, you have an ambiguity in...
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3 Answers | Asked in Business Law, Civil Litigation, Consumer Law and Contracts for California on
Q: If a morgage servicer reported inaccurate information to the credit bureaus can you sue them in court?

I have receipts for the payments. Guy reported inaccurate information. I’ve been denied two loans because of it. Guy harassed the hell out of me with phone calls and letters motivating me to sue the morgage servicer. FCRA and TCPA.

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answered on Jan 24, 2025

Absolutely. If you have proof (like receipts or bank statements) that you’ve been making your mortgage payments on time, but the servicer is still reporting late or missed payments, that can form the basis of a lawsuit under the Fair Credit Reporting Act (FCRA). The FCRA requires companies to... View More

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2 Answers | Asked in Consumer Law, Criminal Law, Business Law and Civil Litigation for California on
Q: A storage facility general manager internally removed me from my storage unit which I've been paying for over a year. He

listed me as "moved out" even though I have been paying my monthly fees and all of my things were supposed to be stored in there. Upon checking my unit just now, I found out my lock was cut off and my belongings were removed without any notification to me. They also moved in a new... View More

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answered on Jan 19, 2025

Start by gathering all relevant evidence, such as payment records, a list of missing items, and communication with the storage facility. Draft a demand letter to the storage facility management requesting the return of your belongings. Report the theft to the police. You may consider exploring your... View More

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2 Answers | Asked in Contracts, Employment Law, Business Law and Collections for California on
Q: Does California's FWPA apply to equipment rentals?

I provide equipment rentals as part of my freelance services. California recently established the Freelance Worker's Protection Act which stipulates that I may collect up to double the amount stipulated in a contract for professional services when a client does not pay on time or at all. If... View More

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answered on Jan 16, 2025

The FWPA primarily focuses on the payment for services rendered by freelance workers. If an equipment rental is viewed as an ancillary part of the services you provide (for example, tools or equipment necessary to complete a freelance project), it may be argued to fall under the umbrella of... View More

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2 Answers | Asked in Civil Litigation and Legal Malpractice for California on
Q: such recently discovered facts be added to reasons for compelling further responses? what statute defines that?

How exactly California Code of Civil Procedure Section 2031.310 allow party to compel further responses, including newly discovered facts in reasoning for compelling further responses? In other words - when new facts were discovered since discovery was propounded, that strengthen basis to compel... View More

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answered on Jan 15, 2025

You correctly identified the statute that governs motions to compel further responses to document requests (Section 2031.310). While the statute does not explicitly mention the use of newly discovered facts, it provides a framework for compelling additional responses when initial responses are... View More

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3 Answers | Asked in Business Law for California on
Q: Does a direct cremation business in California need a funeral establishment license . I have third party crematory

I have third party crematory and service performing removals . I will have an virtual office .

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answered on Jan 14, 2025

A funeral establishment license is generally required for businesses that perform services related to the disposition of human remains. This includes arranging for cremations, even if you are not directly performing the cremation but are coordinating it with a third-party provider.

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2 Answers | Asked in Tax Law and Business Law for California on
Q: I owe $3k to FTB. not working, cant pay or make payments. s corp for real estate commissions only. single person scorp

scorp has been suspended. I want to completely terminate the scorp, but all fees must be paid to do this. FTB is threatening legal action against the s corp. what happens if they proceed? am I personally liable in any way? I only own a couple cheap cars. no real estate. no $ in bank. all credit... View More

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answered on Jan 14, 2025

The S corp is a separate legal entity, so its debts typically belong to the corporation. Since your S corp is suspended and likely has minimal to no assets, FTB might find it challenging to collect on the debt through typical means. However, legal actions can complicate the process of formally... View More

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