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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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2 Answers | Asked in Business Law and Contracts for California on
Q: The Agreement shall be governed laws of Texas, tried in Miami, FL. The contract was signed in LA, Can it be tried in LA?

I signed a contract that states "Controlling Law and Jurisdiction. This Agreement shall be governed by the laws of Texas and the United States, without regard to the conflicts of laws provisions thereof. Unless waived by Company (which it may do in its sole discretion), the exclusive... View More

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answered on Jan 14, 2025

The language in your contract (“The Agreement shall be governed by the laws of Texas,” and “the exclusive jurisdiction and venue of any action … shall be the State and Federal courts located in Miami-Dade County”) typically means that if a dispute arises, it should be heard in Miami-Dade... View More

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3 Answers | Asked in Contracts, Business Formation and Business Law for California on
Q: My business partner is involved in all decision making, but won't own shares. What business contract is appropriate? LP?

I own a game on the popular gaming platform Roblox.com. A 3D modeler from Brazil has reached out with interests to join me under the provisions of a 10-year partnership contract. Details: the modeler will be involved in all decision making (like in General partnership agreements), but CANNOT own... View More

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answered on Jan 13, 2025

Choosing the proper structure depends on multiple factors, including liability concerns, taxation, and how much control each party has. A Limited Partnership (LP) requires at least one general partner, who manages the business and bears personal liability, and one or more limited partners, who... View More

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2 Answers | Asked in Civil Litigation for California on
Q: If a party answers with objection only to production demand, is it required to provide statement of inability to comply?

If a party answers with objection only to production demand, is it required to provide statement of inability to comply?

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answered on Jan 15, 2025

The party to whom the CCP § 2031.010 demand is directed must respond separately to each item in the demand by one of the following: (1) Agreement to Comply: State that you will comply with the demand by the date specified for inspection (2) Objections: You can object to all or part of the demand.... View More

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2 Answers | Asked in Appeals / Appellate Law for California on
Q: Appeal review is not new trial. What factors court of appeals considers when reviews evidence under de novo standard?

When court reviews according to de novo standard of review informal agreement that was basis for dismissal: what else court of appeals takes into consideration in argument section of brief?

What statute defines that? Appeal review is not new trial.

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answered on Jan 10, 2025

You're absolutely correct that an appeal review is not a new trial. Appellate courts have a different function than trial courts. They focus on reviewing the legal process and decisions made in the lower court, not on re-examining the facts of the case. De Novo Standard of Review means they... View More

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2 Answers | Asked in Business Law, Civil Litigation, Copyright, Criminal Law and Intellectual Property for California on
Q: Are the notes you write down in the notes app on iPhones considered public information? Let’s say a developer

for example- he wrote the code for a smart contract that lets you buy and sell and store energy in a decentralized environment that connects all Tesla vehicles then a couple weeks later the guy is watching YouTube and comes across a video that talks about how Elon musk has been secretly working on... View More

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answered on Jan 10, 2025

Notes stored in the Notes app on an iPhone are not considered public information. They are typically protected by the phone's passcode and the user's iCloud account security. The situation you described raises concerns about the potential misappropriation of intellectual property, but it... View More

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3 Answers | Asked in Consumer Law, Contracts, Business Law and Civil Litigation for California on
Q: Hired a tax firm that claims to help consumers reduce IRS debt for flat fee. They didn't reduce or save us anything.

They first advised we owed the IRS about $50k and tried to get more money from or they would stop working on our case. At end we now owe about $90k to IRS. They didn't reduce anything and debt increased. Is there any legal action I can take besides filing compaints with CFPB or FTC?

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answered on Jan 9, 2025

Yes, you may have legal recourse beyond filing complaints with the CFPB or FTC. Potential claims may include breach of contract, fraud, and violations of consumer protection statutes. If the tax firm failed to provide the services promised under your agreement, you likely have a breach of contract... View More

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2 Answers | Asked in Business Law and International Law for California on
Q: I wanted to start selling goods from Sweden to the U.S.A, like candy and nicotine patches. Do I need permits or anything

Candy and Nicotine Patches

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answered on Jan 10, 2025

Both candy and nicotine patches will require compliance with U.S. import regulations, which may include obtaining permits from the U.S. Customs and Border Protection (CBP) and making sure that all products meet the relevant FDA standards. Additionally, you may need to comply with state-specific... View More

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3 Answers | Asked in Consumer Law and Business Law for California on
Q: Can I get a refund if seller does not deliver service and has no refund policy?

I paid for subscription for an online tool with a start date in future. The future has come. Now it's time for the seller (an LLC) to activate my paid subscription, but it doesn't look like they are going to for whatever reason.

I paid by credit card, but I cannot dispute the... View More

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answered on Jan 8, 2025

Many online purchases involve click-through or link-based terms, where users implicitly agree by selecting an “I Agree” button or accessing a link that contains the terms. Even if you didn’t physically sign anything, there may have been a provision establishing consent to the agreement when... View More

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2 Answers | Asked in Business Law for California on
Q: Am i responsible for a shipping container that was stolen off of my property?

i am a 3rd party logistics warehouse and had a container stolen off my property. My customer has a freight forwarder who takes care of all things regarding getting the container to me and back to the port. the freight forwarder rents a chassis to transport the container to us. now that it was... View More

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answered on Jan 7, 2025

The answer depends on whether you had a legal duty—often framed under bailment or warehouse liability principles—to safeguard the container and chassis. In California, a bailment exists when one party entrusts property to another under an implied or express understanding of safekeeping. If no... View More

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