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Questions Answered by Shawn R. Jackson Esq.
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 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 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 »

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