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Questions Answered by Kenneth Sisco
1 Answer | Asked in Legal Malpractice for California on
Q: hello, Is there a time limit to file a malpractice against a probate lawyer

My stepmother, the trustee of the property that my sister and I along with my stepmother are too inherit, asked us to pay in equal parts for a lawyer to start the probate process for all of us. The trustee found a lawyer, the lawyer took our money, sent all of us the action she was taking. After a... Read more »

Kenneth Sisco
Kenneth Sisco answered on Jul 6, 2021

The basic Statute of Limitations for bringing suit against an attorney, is one year from the point you knew, or should have known, that the malpractice occurred. But, you have stated facts that make the issue more complicated and could extend the statute, and/or raise other actionable causes of... Read more »

1 Answer | Asked in Business Law, Employment Law and Tax Law for California on
Q: CA franchise tax required just because I have an employee there?

We are a MA-based S corporation. If we have an employee who works remotely in CA, must we pay the franchise tax (minimum $800)?

RTC DIVISION 2 - PART 11 - CHAPTER 2 - ARTICLE 2 - Section 23153 says that this only applies to (1) corporations incorporated in CA (we're not), or (2)... Read more »

Kenneth Sisco
Kenneth Sisco answered on Apr 30, 2021

Employees have nothing to do with the California Minimum Tax. If you are an entity, LLC, Corp., LP, etc., that has applied for, and obtained qualification to do business in California, you are required to pay the Minimum tax of $800 per year, whether you have any employees or not, in California or... Read more »

2 Answers | Asked in Copyright and Civil Litigation for California on
Q: Defendant’s Late Filing of Answer to Complaint in California

Defendant did not respond to my Complaint within 21 days. As my Default Application was still pending, the court accepted Defendant’s Answer 60 days after the time to respond. Defendant did request an extension, however, it was filed after the 21-day time to respond. Is this appropriate procedure?

Kenneth Sisco
Kenneth Sisco answered on Mar 20, 2021

The Courts have a great deal of discretion in this area. Usually a Judge will want a showing of excusable neglect, but two principles are at the top of the list of priorities.

1. Everyone should have his day in court.

2. Issues should be tried on the merits, not on the basis of...
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1 Answer | Asked in Business Law for California on
Q: I just bought out 4 business partners and have 3 left, 2 are a husband and wife. In our Operating agreement for the LLC

I just bought out 4 business partners and have 3 left, 2 are a husband and wife. In our Operating agreement for the LLC, it states the voting rights go according to capital interest. I have 60%. They are afraid I wont allow them any voting rights at all so they want me to sign a document outside... Read more »

Kenneth Sisco
Kenneth Sisco answered on Mar 12, 2021

If you do what they are proposing, that will be giving them absolute control over YOUR business. It will be like two wolves and a lamb voting on "What's for lunch?" You own 60% of the company; you have the most to gain and to lose. If they want an equal voice, they should purchase... Read more »

1 Answer | Asked in Legal Malpractice for California on
Q: What is the proper Bluebook citation to the rules of professional conduct in California
Kenneth Sisco
Kenneth Sisco answered on Mar 8, 2021

Here is a link to the Rules of Professional Conduct, via the California State Bar.

http://www.calbar.ca.gov/Attorneys/Conduct-Discipline/Rules/Rules-of-Professional-Conduct

Good Luck.

Ken Sisco

2 Answers | Asked in Civil Litigation for California on
Q: Can Plaintiff ask discovery about business, if isn't listed as defendant in the lawsuit? Only me and wife defendants

Me and my wife are the only defendants in the lawsuit. My business is not listed as defendant in the Lawsuit.

Can the Plaintiff ask question about business, ask for discovery about the business

Kenneth Sisco
Kenneth Sisco answered on Jan 12, 2021

Unless there is a privilege involved, they can ask you any question seeking information relevant to the lawsuit, or that could lead to relevant information. Moreover, they could issue non-party subpoenas to obtain testimony and documents from the business, so long as they are seeking relevant... Read more »

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1 Answer | Asked in Real Estate Law, Collections, Legal Malpractice and Libel & Slander for California on
Q: What to do if an attorney added a person to an Abstract of Judgment illegally and recorded it?

My present husband was erroneously added to an Abstract of Judgment against me from my ex husband. Now his sole and separate property which he purchased with inherited funds has a cloud on it's title. The attorney for my ex husband has continuously filed and recorded documents with no legal basis.

Kenneth Sisco
Kenneth Sisco answered on Dec 29, 2020

There are too many variables and unknowns to give you a conclusive and complete answer, but we can move towards one. An abstract of Judgment is supposed to accurately reflect the terms of the Original Judgment. Accordingly, your first task is to compare the Abstract to the Judgment. If your... Read more »

2 Answers | Asked in Civil Litigation for California on
Q: If a person is in pro Se does a verification 446 have to be filed with the complaint or could it be filed later
Kenneth Sisco
Kenneth Sisco answered on Nov 16, 2020

If for some reason the Complaint must be verified, or you choose to make it verified, the verification MUST be attached, for it to be verified. In most cases, the Complaint is not verified and the point does not come up.

The problem of a "In Pro Se" party, comes into play, when...
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2 Answers | Asked in Legal Malpractice for California on
Q: What steps to file a suit again my prenuptial lawyer for malpractice; the legal document is not holding up.

The counsel is saying the prenuptial has "holes in it." Ex wants 110K because the prenup won't stand in court due to her errors/fraudulent work. He wants alimony. The clearly addressed all this with the prenup lawyer.

Kenneth Sisco
Kenneth Sisco answered on Oct 29, 2020

You are premature in looking at a legal malpractice lawsuit. As with almost all civil litigation, you must prove damages in order to prevail. At this point, from the facts stated, you have no damages. All you have is a demand from your former spouse's attorney that your prenup will not... Read more »

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1 Answer | Asked in Real Estate Law, Business Law, Civil Litigation and Landlord - Tenant for California on
Q: Does occupying a mobilehome in a park for a substantial amount of time with no objection from management create tenancy?

I began to occupy a mobilehome, that I later purchased, for approximately 5 months prior to denial of my application to rent the space. I notified management of my occupancy, in person, in February and received no objection until August, 2 months AFTER denial of my application in June, and in... Read more »

Kenneth Sisco
Kenneth Sisco answered on Oct 17, 2020

There are property rights that can be gained through the concept of "Adverse Possession," but these rights take years, not months. I don't see how the management company can force you to move out of a motorhome that you own, but without a lease, it can certainly force you to move the motorhome.

1 Answer | Asked in Business Law for California on
Q: Does 50 % shareholder with tie-breaking vote elect all officers? Do I really have any deciding say in board meetings?

I am one of three directors. Since he had the tie-breaking vote, he picked the other two.

Kenneth Sisco
Kenneth Sisco answered on Oct 17, 2020

You don't say where your corporation is incorporated, but as far as I know, upon organization, the shareholders can draft their by-laws and share holder's agreement anyway they want. If you agree that this 50% shareholder has the deciding vote, then you are stuck with it. Typically the... Read more »

1 Answer | Asked in Civil Litigation for California on
Q: In a California UD case set for trial. what happens if a motion for summary judgement fails
Kenneth Sisco
Kenneth Sisco answered on Sep 17, 2020

Unless there are undisclosed facts and/or issues, the matter will simply proceed to trial.

1 Answer | Asked in Business Law for California on
Q: I already have my LLC registered in Nevada. Do I still need to use the agents or have an agent to renew the LLC.

Just need to find out if I have to pay them for my renewal or can I just renew online with Nevada. They are stating that I have to have a registered agent.

Kenneth Sisco
Kenneth Sisco answered on Jul 8, 2020

All states I am aware of, require a registered agent, to receive official process, like lawsuits, but there are few formalities. A registered agent need only be an adult resident of Nevada. If you live in Nevada, you can be your own resident agent, or you can have a friend act. Moreover, you can... Read more »

1 Answer | Asked in Tax Law and Business Law for California on
Q: Filing State taxes with Franchise tax board when annual taxes have not been paid for LLC?

This is a two part question.

I started a single member LLC in California in 2017. The LLC never conducted any business however, I have not yet dissolved it. Currently, it is suspended with the Sectary of State. Every year, I file a schedule C federal tax return and no state return (The... Read more »

Kenneth Sisco
Kenneth Sisco answered on May 10, 2020

I am not advising you not to pay your annual minimum tax, or not to dissolve your LLC; only what will happen if you don't. If set up properly, the minimum tax is assessed against the LLC, not you. If it is not paid, the LLC will be suspended. If you do not dissolve the LLC and do not pay... Read more »

2 Answers | Asked in Civil Litigation for California on
Q: Defendants offered to settle the case and we accepted. Its been 3 wks. They keep stalling to sign. What are my options?

I accepted a settlement offer from the defendants. I have signed the agreement the defendants drafted. It has been 3 weeks since they made the offer and still the defendants have not signed it. I am told we cannot enforce it under 664.6 because the defendants have not signed therefore not... Read more »

Kenneth Sisco
Kenneth Sisco answered on Apr 20, 2020

There are way too many blanks in your question to provide a meaningful answer. Has a lawsuit been filed? If not, be sure they don't stall beyond the running of the statute of limitations. If a lawsuit is pending, simply do whatever you need to do to go to trial.

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1 Answer | Asked in Civil Litigation for California on
Q: In 2017 West H&A LLC forged docs for ownership of our home, he was incarcerated on a lot of counts please help

We found out through squatters who got in contact with us that West H&A's owner Patrick Soria was incarcerated and had several Lawsuits against him for fraud, the squatters said he recently sold or transferred the home to Trinity Financial, is there any recourse that we may have to get our... Read more »

Kenneth Sisco
Kenneth Sisco answered on Mar 31, 2020

Yes indeed. In California, a "forged" deed is "absolutely void;" even as to innocent parties who come after. If you are tricked into signing a deed, it is a different story, and it may not be so easy. But in my view, a lawsuit to "cancel" the forged deed would be a... Read more »

2 Answers | Asked in Contracts, Appeals / Appellate Law, Civil Rights and Legal Malpractice for California on
Q: lawyer withdrew from case. sent letter of declining further representation, then withdrew the withdraw

lawyer filed my case in appeals on her decsion , then filed a motion to withdraw and sent me a letter declining further representation. then without my knowledge withdrew her withdraw. she is back on the case with out asking me. 1) doesn't she have to ask me if i want her to get back on the... Read more »

Kenneth Sisco
Kenneth Sisco answered on Mar 29, 2020

Since taking on the category of Legal Malpractice, I have received hundreds of calls from people relating the horror stories of what their attorney has done to them. My only take away, is that we can only speculate as to why any attorney does anything.

I would suggest, you spend a few...
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2 Answers | Asked in Business Law for California on
Q: Is it legal for a company to suspend paying affiliate independent owner operators?

Question breakdown:

Company A (large limo company)

Company B (small limo company hired by A when they need help)

Company A pays B every 2 weeks with a net 45.

Company A stops paying B for jobs done between 02/1/20-02/16/20 about 10k. With A giving any warning and... Read more »

Kenneth Sisco
Kenneth Sisco answered on Mar 28, 2020

It isn't a matter of legality; it is a matter of practicality. We are all supposed to keep our promises and when we don't, we may get sued, and will probably get a judgment against us. But then what?

Yours truly, is in the same spot. Before Christmas, many of my clients chose...
Read more »

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4 Answers | Asked in Civil Litigation and Estate Planning for California on
Q: common law marriage and inheritance

My father passed away and left no will. He and my mother were divorced, and he lived with another woman for 18 years unmarried. There are a few small things I would like to have as keepsakes, and his vehicle was in his name alone. As his blood relative am I entitled to these few things? or is... Read more »

Kenneth Sisco
Kenneth Sisco answered on Mar 6, 2020

As a practical matter, there is no common law marriage. However, there is the concept of a cohabitation agreement, made famous in the Lee Marvin case. Lee Marvin's partner proved to the Court that Marvin had promised to share his life and all his property with her. If your father's... Read more »

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1 Answer | Asked in Civil Litigation for California on
Q: Hi the company West H&A LLC did a fraud on my properties. How can I clean the house titles?
Kenneth Sisco
Kenneth Sisco answered on Oct 22, 2019

To answer your question, one must know a great deal more about what you mean by "did a fraud on my properties." If the properties have been taken out of your control, for example if someone sold your properties without you even knowing it, you need to immediately file a lawsuit, so you... Read more »

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