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Questions Answered by Shawn R. Jackson Esq.
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 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 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 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.

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 »

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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3 Answers | Asked in Contracts and Employment Law for California on
Q: Need solicitation/compete contract advice for directly hiring photographer as an employee, not a contractor.

Inquiry is for a photography LLC business in Bakersfield, CA. I am only interested in these contracts during the time the employee is employed and not extending beyond their employment at all.

1. I want my company to have first dibs on posting the images taken on duty for X amount of time... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq.
answered on Feb 24, 2022

Depending upon what state you are in ... and I will be assuming California ... any agreements with "employees" as to non-competition ... are unenforceable at law. However, you can restrict the employee's activity in other ways such as a carefully drafted non-disclosure,... Read more »

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1 Answer | Asked in Business Formation for California on
Q: What is the best way to buy a communal house w/multiple people- LLC, cooperative corporation, non-profit?

This house already functions as a co-operative. The current owners are selling and past residents would like to organize to purchase the property. This will need to be done fairly quickly. We have the funds for a down payment and to do some repairs however we'd like to know the best way to... Read more »

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

Assuming that the "financing" will support it, the initial answer would be the LLC ... which, depending upon how the LLC Operating Agreement is drafted, will allow relatively easy "in & out" of LLC Members and some level of asset protection for the individuals. The best next... Read more »

1 Answer | Asked in Contracts and Legal Malpractice for California on
Q: How can I get my money back from a lawyer that I paid pay off my credit cards. He has over $10,000.00 of mine in trust

It’s in a trust fund. I paid this lawyer off early. I signed agreement for 4 1/2 years. They would never settle my debt. I have sent letters email and faxed him. That I want stop his program but won’t give my money back. This has been paid in full for 21/2 year. I have even called him and says... Read more »

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

Small Claims Court ... get a judgement ... then execute on the judgement ... Let me know if a free consultation would be helpbul

2 Answers | Asked in Contracts, Business Law and Cannabis & Marijuana Law for California on
Q: have lease agreement for weed cultivation license. Bureau of canna control said subletting is illegal Is contract void?

I was unable to move forward with business and now owner claims I still owe him for the remainder of the contract. Does he have any grounds to come after me or can I walk away?

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

Well, the first step is to have an attorney of your choice review the agreement, relevant facts and communications between the parties ... and then to schedule a free initial consultation ... let me know your thoughts ... thank you.

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3 Answers | Asked in Contracts, Intellectual Property and Patents (Intellectual Property) for California on
Q: How much would it cost to have a 7 page invention assignment and employee services (2pg) agreement reviewed roughly?

I have my own small business doing engineering and research, but could use some additional funds so I am considering taking on a consulting project with a large company. I know the people I'd be working with as engineers, but the HR from this place is asking I take on being a W2 employee with... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq.
answered on Nov 11, 2021

Generally speaking ... about $20-$25 a page ... and obviously, it would be ideal to see the document first to firm up or edit the initial estimate... and it may be a good idea to schedule a video call for discussion.

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1 Answer | Asked in Consumer Law and Small Claims for California on
Q: Can I take someone to court for not finishing paying a car loan I took out under my name ?””?
Shawn R. Jackson Esq.
Shawn R. Jackson Esq.
answered on Nov 4, 2021

The answer will depend upon what information, evidence and oral or written documentation you have to support your claim for "not finishing paying a car loan". You would want to schedule an initial 30-minute free consultation with an attorney of your choice to discuss the supporting facts... Read more »

1 Answer | Asked in Consumer Law and Business Law for California on
Q: I ordered an item online, then cancelled the order. The order was delivered to me, and my money was also refunded.

Can I keep it... with out getting in trouble legally?

Shawn R. Jackson Esq.
Shawn R. Jackson Esq.
answered on Oct 17, 2021

... or you could do the "right thing" ... make a decision as to whether you want the item or not ... and notify the company ... and either pay for it or return it ... many companies are struggling

2 Answers | Asked in Business Law for California on
Q: business paid half for work i had contract for 2 years ago they are coming back and wanting that money back

had contract, got half money, bought equipment, head guy died project put on hold two years later nothing now they want the money back.

Shawn R. Jackson Esq.
Shawn R. Jackson Esq.
answered on Oct 7, 2021

As you might imagine, the answer will rest in any written agreements ... any written email, text communications ... and/or other currently missing information ... the next step is for you to schedule a free initial video call or telephone call ... for further discussion ...

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2 Answers | Asked in Business Formation and Business Law for California on
Q: Once a corporation has been formed can shares of stock not be issued, and if so who owns the corporation?

Once a corporation is duly incorporated, who owns the corporation if no shares of stock have been issued, and can ownership change simply by issuing the majority of shares to and officer (say CEO) of the corporation without that officer having to pay for them?

Shawn R. Jackson Esq.
Shawn R. Jackson Esq.
answered on Sep 13, 2021

Well ... the first thing to do is to review the documents ... articles, bylaws and organizational meeting minutes. Second, email those documents to a business development attorney of your choice to schedule a free initial consultation by video call or telephone call.

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1 Answer | Asked in Business Formation and Contracts for California on
Q: How can I create a Partnership Agreement for our start up company.

I am creating a Limited liability Partnership Agreement for a start up business. I need help with jurisdiction and whether or not the sum of 500 dollars a month is in line with federal minimum wage laws.In addition to what the value of cash is insofar as the establishment, development and branding... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq.
answered on Aug 9, 2021

As you probably already know, the basis for any successful business is a clear and cogent "agreement" between the founding members or partners. In an LLC or an LLP, such "agreement" would be embraced within an Operating Agreement ... which outlines management responsibilities... Read more »

1 Answer | Asked in Tax Law, Business Formation and Business Law for California on
Q: Hello, I am planning to found my own consulting firm. Should it be a LLC or sole proprietor?

Hello, I am planning to found my own consulting firm. I am helping startups in the US and EU with public policy, grant strategy, fundraising and business partnerships. Should it be a LLC or sole proprietor? Which one will be better for tax-wise?

Shawn R. Jackson Esq.
Shawn R. Jackson Esq.
answered on Aug 6, 2021

The answer depends upon three initial focus points: [1] your exposure to liability ... [2] your desired management structure and [3] how you would like to see ownership and succession. The next step for you would be to schedule at least two free initial calls with attorneys of your choice ... by... Read more »

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