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Questions Answered by Shawn R. Jackson Esq.
2 Answers | Asked in Contracts and Construction Law for California on
Q: Do I have a case and if so what type of case do I have?

During and ever since the completion of pool construction I have encountered many problems. In less than a month I started encountering filter problems. About 6months in the plaster started cracking, the filter has constantly been going out and needing to be repaired. Also the filter and pump are... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq.
answered on Mar 10, 2023

Well, the first task is to review the construction contract ... and then to review any images or communications of the work-in-progress ... and then to determine the current state of the pool and adjacent area ... so, you will want to schedule a free initial video call with at least two attorneys... Read more »

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2 Answers | Asked in Business Formation and Business Law for California on
Q: I want to start an online business. DBA, LLC, both, neither?

I will not be selling products. I will offer a service which will pay me a finders fee as compensation. I will be conducting the business from home/online. No employees. Do I need to register a DBA, get a license, LLC? Im in California

Shawn R. Jackson Esq.
Shawn R. Jackson Esq.
answered on Feb 13, 2023

As is often the case, the answer is "it depends" ... upon [1] your exposure to liability ... [2] your management structure ... and the [3] the scope of your services ... the next step would be for you to schedule at least two free initial consultations by video call or telephone call.

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3 Answers | Asked in Business Law, Mergers & Acquisitions and Contracts for California on
Q: Who is the owner of accounting data for a business after a business sale?

We sold the business and we have a hard time on getting access to the accounting data for the past years, when we were in charge of the business. Please let me know our rights in this case, as accounting was done through QuickBooks online and new owners took over the existing data.

Shawn R. Jackson Esq.
Shawn R. Jackson Esq.
answered on Feb 8, 2023

As a general rule, there are two "concepts" to review .. one is to review the actual written agreement ... and the other is called the "origin of the right" rule, which in this case hints that each party has a "right" to information as it "originated" under... Read more »

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2 Answers | Asked in Business Formation and Business Law for California on
Q: LLC Formation for Real Estate Investment

I need to form an LLC to buy and operate a rental unit. Three members are brining 1/3 investment each. Can there a buy-out clause such that one member can be bought out a year or later when two other members can bring the capital equal to the initial investment of third member plus 6% annual... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq.
answered on Jan 1, 2023

yes, but with several issues ... management issues, capitalization protocols, any improvements ... and of course, valuation formula ... always best to schedule a few free consultation video calls with at least two law firms to discuss the options and strategies.

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1 Answer | Asked in Business Formation for California on
Q: I have a question about naming an S-corp and whether I will need to do a DBA.

I have been operating a small business as a sole proprietor and I'm at the point of needing to form an S-corp. My chosen name is too similar to another name, so the company helping me to complete the filing has asked me to find an alternative. Should I go with something COMPLETELY different,... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq.
answered on Aug 25, 2022

As you might imagine, the answer is "it depends" ... the first question is ... have you engaged or requested the "name research" and/or achieved the "name reservation" on your first choice for the corporation's name? The second question is how will your name... Read more »

1 Answer | Asked in Contracts for California on
Q: What is best contract for 3 owners purchasing home in California a married couple and single person

Mortgage contract

Shawn R. Jackson Esq.
Shawn R. Jackson Esq.
answered on Aug 10, 2022

One of the best "structures" to purchasing a home would be an LLC ... with a well drafted LLC Operating Agreement that spells out the details of ownership, possession, management ... and the many "what its" that can occur in life and in such arrangements. I would suggest that... Read more »

1 Answer | Asked in Contracts, Business Formation and Business Law for California on
Q: A verbal agreement was made to be 50/50 business partners which include expenses/work load. Other party didn’t uphold

Other party did not uphold end as far as expenses and working business hours. Within 45 days of opening We have decided to part ways but now they are asking for double their investment which was about 15 percent of expenses to open the business. What are they entitled to. There is no written... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq.
answered on Jul 20, 2022

This will be hopefully resolved in four initial steps: [1] engage an attorney/mediator to assist the parties in working toward a resolution in one or two video calls with all parties - there are a few law firms that will offer this service for free ... [2] if mediation does not work, then to engage... Read more »

1 Answer | Asked in Business Formation for California on
Q: Special business permits etc for a freelance writer in CA.

If I am a starting up as a freelance writer working out of my home in California, are there any sort of permits or business licenses that I need?

Shawn R. Jackson Esq.
Shawn R. Jackson Esq.
answered on Jun 23, 2022

Well ... some of the answer will depend upon your address location ... and what your local city or county requires for "home businesses". Additionally, since the advent of SB5 [employee/independent contractor status] most individuals and businesses will want you to have a business... Read more »

1 Answer | Asked in Business Law, Contracts and Landlord - Tenant for California on
Q: Can we purchase a business and take over without getting the lease approval completed from the landlord

Can we purchase a business and take over without getting the lease approval completed from the landlord?

just wondering, because we understand the risk that the landlord may reject us, and then the seller can run away with the money that we payed them. Is there a way to avoid this risk so... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq.
answered on Jun 5, 2022

Well, the first question is ... "what is getting in the way of you acquiring the new lease" ... and the second question is ... "what does the current lease state about subleasing or an assignment of the lease. To get an answer, I would recommend that you schedule at least two video... Read more »

1 Answer | Asked in Contracts for California on
Q: I am unhappy with services from ADT. Can I get out of a contract?

I am in a 2 year contract in California and would like to cancel my services. However, because I have 18 months left in the contract, I would have to pay a 75% penalty of the remaining months. They have been unhelpful with tech support and I have been dissatisfied. Is there any way I can legally... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq.
answered on May 10, 2022

Three initial steps towards resolution: [1] outline how you are not happy with their delivery of services to their customer service department ... and let them know that various social media outlets, like Yelp, will hear of your dissatisfaction with their support/tech services ... and you are... Read more »

3 Answers | Asked in Business Law, Contracts and Tax Law for California on
Q: If I am helping a friend lease a business space for HIS business, do I need to report anything to the IRS on my end?

My friend is starting up a business, he’s doing good and now needs a shop to work. He does not have the credit to lease a place. He asked me to help him lease in exchange for 10% of earnings. What would I have to report to the IRS or does his total earnings affect me in any way? I am aware I’m... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq.
answered on May 6, 2022

Short answer ... depends upon whether you are "on the Lease" or a "guarantor of the lease payments" ... in addition to a variety of other issues ... such as a "defacto partnership" ... and issues with the usuary laws ... so, the next step for you is to schedule a free... Read more »

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1 Answer | Asked in Business Law for California on
Q: If a covenant not to complete on an asset purchase agreement is incomplete and missing information is it binding?

Related to the sale of business. The information missing is the period of time the covenant covers. The purchase agreement lists the individuals, but is missing the period of coverage. Does that make it non binding or what is the default period of coverage if there's no amount of time listed.

Shawn R. Jackson Esq.
Shawn R. Jackson Esq.
answered on Apr 30, 2022

Generally speaking, the "period" of time will be partially determined by the allocation for that item in the purchase agreement, absent that notation, it will be a reasonable time, based in part, upon the total price paid and how the price was or should be allocated to the tangible and... Read more »

3 Answers | Asked in Business Law and Contracts for California on
Q: On any legal document such as a contract or affirmation statement, does the acroynym or abbreviation have to be defined?
Shawn R. Jackson Esq.
Shawn R. Jackson Esq.
answered on Apr 25, 2023

Well, certainly, the intention of the parties needs to be clear ... and if an "acronym" or abbreviation is not cogent or comprehensible ... then the term may cause confusion in the minds of the parties. As a general rule, the court prefers that the drafting of the document satisfy the... Read more »

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1 Answer | Asked in Contracts for California on
Q: I have an MSA that i need reviewed and amended - can you help? This MSA is to work as a client with another company

We are an IT consulting services company and need to work with other service providers so we can use their resources (people) on our projects to serve our clients

Shawn R. Jackson Esq.
Shawn R. Jackson Esq.
answered on Jan 30, 2023

Your next steps would be to select two or three of the attorneys listed and request a free initial consultation by video call ... that way, you will have a better idea of your options and development strategies.

2 Answers | Asked in Contracts for California on
Q: As I am a full time student I found a home owner that asked me to paint his stucco, so he won't pay me. The remaining.

He paid me $3,000. Balance $1,500.

Plus he owes me $3,850 for other painting inside the house. I am not license. He harrassess me every day for two months. He wants all his money. What can I do.

Shawn R. Jackson Esq.
Shawn R. Jackson Esq.
answered on Sep 20, 2022

File a small claims court action right away ... if you need any guidance, feel free to reach out to a few attorneys for that free initial consultation ...

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1 Answer | Asked in Business Law and Contracts for California on
Q: I am a 1099 consulting contractor. Is it proper to add a surcharge or "handling" fee to any travel expenses I pay for?

On the other hand, would you just invoice a customer and give them the receipts to the penny for reimbursement?

To be ethnical (if able to charge the fee) would a 1099 biz- would I just total an amount including the surcharge and ask for reimburse i.e. Portland office visit $1,500 OR would... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq.
answered on Sep 6, 2022

A couple of initial questions ... [1] how have you addressed this question in your written agreement for services? [2] How have you thought about your customer relationship services in noting exactly what you do and the associated charges? Feel free to reach out to several attorneys to schedule... Read more »

1 Answer | Asked in Contracts for California on
Q: I have a question about cancelation of a contract. I want to get a refund. Please read contract and let me know.

I want to send the contract for someone to read and see if a refund if feasible, or will I have to pay a fee to cancel. Can't understand contract.

Shawn R. Jackson Esq.
Shawn R. Jackson Esq.
answered on Jun 21, 2022

The best "next step" is for you to schedule an initial free consultation with at least two attorneys of your choice ... preferably by a Video Call, where you can go over the agreement together ... your thoughts?

1 Answer | Asked in Business Formation for California on
Q: Can you terminate a filed & accepted name reservation in the state of California?
Shawn R. Jackson Esq.
Shawn R. Jackson Esq.
answered on May 23, 2022

As a general rule, the name reservation will expire in 60 days ... and you can "transfer" the name reservation to someone else.

2 Answers | Asked in Business Formation for California on
Q: How do I form an LLC to start a business?
Shawn R. Jackson Esq.
Shawn R. Jackson Esq.
answered on Mar 2, 2022

Well, the first question is SHOULD you operate your business as an LLC ... OR ... a corporation ... and if the LLC sufficiently embraces your ownership, management and exit strategies, then should the LLC be taxed as a "partnership" or taxed as a corporation. The answer will evolve with... Read more »

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2 Answers | Asked in Business Law and Collections for California on
Q: We accidentally overpaid a vendor through ACH. We have tried contacting them but they are avoiding us now.

We hired a vendor to do some small work for our business. We set up their banking information since they preferred to get paid that way. Due to an error on our end, we accidentally overpaid them $3000. I have reached out several times through email and even got a read receipt email confirmation... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq.
answered on Feb 25, 2022

So, first question ... where are you located ... and where are they located? Second question, was you "over payment" for any type of services previously rendered ... and/or contemplated to be rendered? The next step is for you to schedule a free initial consultation with at least two... Read more »

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