Questions Answered by Daniel DiCicco

Q: Hi, this question is regarding member capital contributions vs profit distributions and what is profit? (In Oregon).

2 Answers | Asked in Business Formation and Business Law for Oregon on
Answered on Apr 20, 2019
Daniel DiCicco's answer
You need an operating agreement to define these terms immediately. Without an agreement, you have no good way to resolve disputes, add or remove members, track profit shares, etc.

You need everyone to come together on this. Frankly you should not be investing money into any company where your rights to the money and profits are not clearly defined in a written document.

Q: Simple JV agreement? or not.

1 Answer | Asked in Business Law and Contracts for Oregon on
Answered on Apr 4, 2019
Daniel DiCicco's answer
I don't think you have a simple option. Let's put it like this - when a real possibility exists that an investor's entire investment can evaporate, and then that eventuality comes to pass - people get mad. They start thinking of where things went wrong and while they may have seemed cool with it up front, when they still had all of their money, they may not be feeling so cool and calm about it after the fact.

This is where a proper, well-thought-out contract comes into play. What...

Q: Can I legally use a personal type (non-business) bank account to pay my business bills and make deposits into?

2 Answers | Asked in Banking and Business Law for Oregon on
Answered on Apr 3, 2019
Daniel DiCicco's answer
There is no legal requirement per se. Do you have a legal business entity like an LLC? If you do have an LLC then and you have concerns that perhaps one day you could be involved in a law suit, then I would want to keep my personal and business funds separate.

However, if you're just running a mom-n-pop business, then you can do whatever you want. There's no law saying you need a certain type of bank account.

Q: What contract should I use for a group of individuals and LLC's together, investing in a 1 time Joint Venture project?

2 Answers | Asked in Contracts and Business Law for Oregon on
Answered on Apr 1, 2019
Daniel DiCicco's answer
You absolutely need to involve an attorney in this process and get a custom contract together. There is no off-the-shelf solution to this kind of arrangement. The greater the risk and the more complicated the arrangement, the more you will need a custom solution for your legal infrastructure. Something else you need to consider is that raising money for a venture is full of pitfalls and potential gotchas.

The way to move forward is to create a business entity that makes sense for the...

Q: Do we legally have to deal with an individual whose name is not included in the offer to purchase our property?

2 Answers | Asked in Contracts and Real Estate Law for Oregon on
Answered on Mar 30, 2019
Daniel DiCicco's answer
Just go through your agent and don’t deal with them directly. You only have to allow them an inspection once under a typical contract. Refer all inquiries to your agent and you’ll be good. If you are not represented then only deal with their agent.

Q: In Oregon, if the current rent is well below market, is the landlord limited to a 7%-plus-inflation annual increase?

1 Answer | Asked in Real Estate Law for Oregon on
Answered on Mar 5, 2019
Daniel DiCicco's answer
This year, Landlords can raise rents by 10.3%, which is the 7% plus a consumer price index-derived amount.

Read this article for details:

https://www.statesmanjournal.com/story/news/2019/02/28/what-tenants-landlords-need-know-oregons-rent-control-law/3010007002/

Q: I have 50/50 custody of my children. Can I vaccinate my child without my ex's permission, consent or knowledge?

2 Answers | Asked in Family Law and Child Custody for Oregon on
Answered on Mar 5, 2019
Daniel DiCicco's answer
I would bring them in for vaccinations. No court is going to be upset if you do. Legally it all depends on the language of your judgment.

Q: After submitting a USD, I received the response: "remove SSI #'s from this public document." What does this mean?

2 Answers | Asked in Divorce for Oregon on
Answered on Feb 19, 2019
Daniel DiCicco's answer
You will want to remove any of your personal data from a public filing. It's not necessary and bad actors could get at it. Just white it out and resubmit the document.

Q: I need help in regards to filing a lien on a construction project or write up a demand of payment letter

1 Answer | Asked in Civil Litigation, Construction Law, Business Formation and Business Law for Oregon on
Answered on Jan 29, 2019
Daniel DiCicco's answer
Sounds like you will need to sue them. I doubt a letter alone is going to dislodge $100k from someone. You need a real threat. Give me a ring and I can look at it with you.

Q: What can you tell me about Oregon divorce law regarding a great deal of sweat equity (complete home remodel in and out)

1 Answer | Asked in Divorce for Oregon on
Answered on Jan 24, 2019
Daniel DiCicco's answer
Everything you own will be split equitably, which almost always means ‘evenly.’ Add the dollar value up and divide by two.

Q: Can my daughter be kicked out on a sublease agreement via text? She paid deposits and app fees.

1 Answer | Asked in Contracts for Oregon on
Answered on Jan 3, 2019
Daniel DiCicco's answer
She can certainly get the money back. If there is a signed lease agreement then possibly other rights apply. Is there anything written?

Q: Will they take my baby away if she tests positive for THC when I give birth?

1 Answer | Asked in Criminal Law, Family Law and Juvenile Law for Oregon on
Answered on Jan 2, 2019
Daniel DiCicco's answer
No, they won't take the baby away. You will also very likely test clean by the time you give birth.

Q: Is it possible for an Oregon non-profit corporation to have "non-voting Board members"?

1 Answer | Asked in Business Law for Oregon on
Answered on Jan 2, 2019
Daniel DiCicco's answer
This is an interesting question and you may find answers in the corporate documents. It is not uncommon for corporate boards to have various adviser and counselor roles that don't have voting rights. It might be that they are generalizing by saying "non-voting board members" when they mean something specific like an adviser. If you have access to or rights to access the corporate bylaws, then you'll likely find your answers there.

Q: If a lawyer for a corporate plaintiff insists on misrepresenting a claim of the corporation's Board of Directors

1 Answer | Asked in Arbitration / Mediation Law for Oregon on
Answered on Jan 2, 2019
Daniel DiCicco's answer
If you are in a legal battle with a corporation and don't have your own counsel, you are really walking a risky path. I have seen people do this kind of pro se representation and end up getting absolutely wrecked with an attorney fee bill -for the other side- at the end of it.

You need to talk to a business lawyer ASAP.

Q: Any precautions you'd advise in ending a six month lease with my tenant at its expiration because of planned rehab/sale?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Answered on Jan 2, 2019
Daniel DiCicco's answer
Portland's tenant protection laws are kind of nuts right now. You can read about them here.

https://www.portlandoregon.gov/phb/74544

I believe in your situation that you need to follow the notice provisions to be exempt from paying Relocation Assistance.

See below->

-----

A Landlord is only exempt from mandatory relocation assistance requirements as outlined in Portland City Code if the Landlord meets the following requirements:

meet the criteria...

Q: My son is trying to get visitation to see his 6 year old daughter. Paternity not established yet. Needs help.

1 Answer | Asked in Family Law for Oregon on
Answered on Jan 2, 2019
Daniel DiCicco's answer
You need to file what's called a "filiation" action (Paternity suit). The court will order a DNA test to prove paternity and you can get things going from there.

Q: False DUI Arrest?

1 Answer | Asked in DUI / DWI for Oregon on
Answered on Jan 2, 2019
Daniel DiCicco's answer
I think it is a bad idea to represent yourself. DUIs can be more complicated than meets the eye. I believe that you have an excellent case based on what you're saying here; it's possible that the state won't even charge the case. Likely, even. However, if they DO charge the case then you're risking an awful lot just to save a few grand on attorney fees.

To answer your question though, yes, you can get the Dash cam video if it exists. But answer me this - then what? Do you know what to...

Q: Does the use of a unenforceable contract in small claims court rob the court of Subject Mater Jurisdiction?

1 Answer | Asked in Civil Litigation, Contracts, Collections and Small Claims for Oregon on
Answered on Dec 22, 2018
Daniel DiCicco's answer
If you defaulted on the claim then your options are very limited. You will need to try and set aside the judgment but this is done somewhat rarely. You will not be able to do it without an attorney, and then you are facing a situation where it would very likely cost more to set aside the judgment than to just pay it. You could try to do it pro se. You'd have to have a fairly compelling reason to set aside the default judgment.

Q: Can I fire a contractor at will if I find out he is unlicensed? Can he sue me?

1 Answer | Asked in Construction Law for Oregon on
Answered on Dec 14, 2018
Daniel DiCicco's answer
This depends on the nature of the work. Most residential home improvement type work requires that the contractor have a CCB license. You can fire him if he is doing this work unlicensed. He could potentially try to sue you if you have a signed agreement with him- anyone can file a lawsuit. But I think you would have an excellent defense. If you don't have a contract then you can fire him at any time.

Q: Can you go back to court ordered custody if the verbal agreement that was made is no longer working out

1 Answer | Asked in Child Custody for Oregon on
Answered on Dec 10, 2018
Daniel DiCicco's answer
You're in a bit of a pickle. Yes, you can go back to the old plan, but also the other parent can object and you'll find yourself in litigation if he or she does. The court-ordered parenting plan is the only legally enforceable plan at this time.

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