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California Business Law Questions & Answers
1 Answer | Asked in Business Law, Civil Litigation, Employment Discrimination and Employment Law for California on
Q: Private business employee

I am independently working for a second hand store and have had problems with the business owner next door to my employment associates. I have been stalked by the neighboring business and terraced by owner and have lost wages and have been prevented of accessing property without validity

James L. Arrasmith
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answered on Dec 29, 2024

I'm really sorry you're going through this difficult situation. It's important to prioritize your safety, so consider reaching out to local law enforcement to report any stalking or threats you've experienced. Document all incidents meticulously, including dates, times, and... View More

2 Answers | Asked in Employment Law and Business Law for California on
Q: Labor law questions. I Got Served a notice for missed payments and missed overtime. But I'm the new owner as of 2 years

I bought the restaurant 2 years ago and old employees working here sued the previous owner but the motive has my name on it. I made new corporation and I don't know the plaintiff.

Brad S Kane
Brad S Kane
answered on Dec 27, 2024

Check your agreement with the prior owner, the prior owner should be required to defend and indemnify you for claims that arose prior to the purchase.

If purchased the assets only and not the business, you may have a defense there.

Further, you will need to hire a lawyer to defend...
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Q: ABC has allowed one business unrestricted conditions while I have restrictions. Applications were same time frame.

I have unsuccessful business competition due to ABC’s decision. A business has become successful while I am unable to compete due to restrictions. The other business does not have the same restrictions. We are in similar areas, less than 5 minutes apart from one another. Although the other... View More

Robert Kane
Robert Kane
answered on Dec 27, 2024

There are certainly actions you can take with the ABC and eventually the courts. Whether it's something you can justify spending the time and money on is for you to decide. Based on your brief description, this likely involves the city more than the ABC. Cities and counties can and often do... View More

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1 Answer | Asked in Business Formation and Business Law for California on
Q: Transferring funds/assets between a US LLC and a UK-registered Ltd Company?

I'm a British Citizen with a UK-registered Ltd Company.

I know I can open an LLC in the US, but can I also open a US business bank account for the LLC, or do I have to be a resident/Green Card holder? (I do hold a San Francisco City ID Card, which I believe allows me to open a checking... View More

James L. Arrasmith
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answered on Dec 25, 2024

You can open a US LLC as a non-resident foreign national, and many banks will allow you to open a business account remotely, though requirements vary by institution. Some banks may require an EIN (Employer Identification Number) from the IRS, which you can obtain as a foreign business owner.... View More

2 Answers | Asked in Business Law for California on
Q: How to formally move an existing DE corporation entity (qualified to do business in CA) to another existing CA LLC?

I reside and do business only in California, but the corporation that I registered back then was a Delaware corporation owned 100% by myself, which I occasionally do business with (and file tax as S-corp). Each year, I have to pay the DE franchise tax as well as the CA franchise business tax. How... View More

Pavel Kolmogorov
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answered on Dec 24, 2024

Here are a few general options to consider for moving a Delaware corporation to a California LLC:

Statutory Conversion:

Delaware and California both have statutes on conversions, but cross-state/cross-entity conversions can be more complex. You’d typically file paperwork in...
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2 Answers | Asked in Business Law for California on
Q: In California is there a law that a seller must provide to buyer a disclosure during purchase agreement for business ?

In contract to purchase a business doesn’t a seller have to provide a disclosure

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answered on Dec 23, 2024

California doesn’t impose a single, blanket requirement for sellers to issue a formal disclosure statement in every business sale. However, depending on the nature of the deal, various state laws may require certain disclosures:

Real Property Involvement:

If the sale includes real...
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2 Answers | Asked in Business Law, Landlord - Tenant and Gov & Administrative Law for California on
Q: Does a keymaster arcade game be considered a vending machine?

The lease for our business at a mall states "Vending machines are not allowed in the retail selling area of the store".

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answered on Dec 20, 2024

A keymaster arcade game may not be considered a vending machine under California law. According to Bus. & Prof.Code § 17571, a "vending machine" is defined as any mechanical device that operates by the insertion of a coin or other thing of value and dispenses a product, service, or... View More

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3 Answers | Asked in Business Formation, Business Law and Contracts for California on
Q: Business model legality and company formation?

I have a mobile app that shares sports betting predictions. there is no gambling in my mobile app. only predictions of the results of sports matches are shared only by me. users see these predictions as paid subscribers. for example the result of the LA lakers vs Boston Celtics NBA game, Boston... View More

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answered on Dec 19, 2024

The business model described, which involves sharing sports betting predictions and odds without facilitating actual betting or linking to gambling sites, may not fall under the definition of gambling in many jurisdictions. However, the legality can vary significantly by state.

In...
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1 Answer | Asked in Business Formation, Business Law, Civil Rights and Internet Law for California on
Q: i've recentally been decline from a wholeseller for reasons that are not listed on website or policys

they claim that i need to be a brick and morter to use there distribution which it is not stated anywhere that i need to be plus they have other options for signing up and i need a distributer for wholeselling which is what my business does but only online and there is no where stating that they... View More

James L. Arrasmith
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answered on Dec 17, 2024

From your description, there could potentially be grounds for exploring this situation further, as businesses generally must clearly communicate their eligibility requirements and policies.

While wholesalers have the right to choose their business partners, California law requires...
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1 Answer | Asked in Business Law, Civil Litigation, Contracts and Landlord - Tenant for California on
Q: Unlawful detanswer-amended answer for tenant renewal. Thesis is whether or not a limited partnership could be a landlor

Is a partnership is a landlord bought the property

James L. Arrasmith
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answered on Dec 14, 2024

Let me help you understand how limited partnerships can function as landlords in California.

Under California law, limited partnerships have the legal right to own and manage rental properties, serving as landlords. The partnership structure allows multiple individuals or entities to pool...
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1 Answer | Asked in Business Law for California on
Q: If a contract expires because the seller didn’t provide financial document. Then the agent amends the expired document

No one signed the amended contract except the seller so on what terms can someone sue you for breach of contract if the contract was expired not once but twice bc the seller didn’t provide financial document on what grounds can expired contract be used to sue someone

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answered on Dec 13, 2024

Based on California contract law, you generally cannot be successfully sued for breaching an expired contract. Once a contract expires due to the seller's failure to meet conditions (like providing financial documents), it becomes void and unenforceable.

The attempted amendment of an...
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1 Answer | Asked in Business Law and Civil Litigation for California on
Q: Sales commissions owed to a shareholder who is leaving the company

A 25% shareholder of my SCopr decided to leave the company. The company owes him some sales commissions but I don't want to pay him since a lot of money was invested in tools, training and software for him to work, and now he just quits as if nothing had happened. I want to know if he can sue... View More

James L. Arrasmith
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answered on Dec 13, 2024

Your former shareholder's status as a part-owner doesn't negate their rights as an employee under California labor law. Sales commissions are considered earned wages, and withholding them could violate state wage and hour regulations, regardless of the person's ownership stake in the... View More

1 Answer | Asked in Business Law, Real Estate Law and Construction Law for California on
Q: I paid for a business permit that was approved to change business type . Zoning the same . Not a conditional use permit.
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answered on Dec 8, 2024

For legal matters involving business permits, it's crucial to understand the specific context and timeline of your situation. Your approved permit for changing business type, with consistent zoning, forms the foundation for your business operations.

If you're encountering issues...
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1 Answer | Asked in Real Estate Law, Business Law, Elder Law and Land Use & Zoning for California on
Q: Can you confirm that Civ. Code 4710 “owners separate interest” allows Political signs to remain without a removal date ?

I live in California within a 55+ CID or Common Interest Development HOA (under HOPA).

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answered on Dec 6, 2024

California Civil Code Section 4710 specifically addresses political signs in common interest developments, but it doesn't give unlimited display rights. While the law protects your right to display political signs, HOAs can establish reasonable restrictions, including time limits for removal... View More

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Arbitration / Mediation Law for California on
Q: can i change of venue if conditonal aggreemnt was mailed in diff county than fruadulent orig. contract was signed?

plaintiff=P, Defendants = D

P entered Fraud contract with D; D was aware of P Disability proceeded to misrepresent. P mate was confused by terms, mate was absent during signing F Contct. (P)s' Paid lease amount for 3Yrs fell on hardship asked for deferment loan comp. denied, this... View More

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answered on Dec 4, 2024

Based on your description, you've discovered potential fraud in your vehicle contract and sent a conditional agreement to address it. Since the original fraudulent contract was signed in one county, but you mailed the conditional agreement from another, you're asking about venue options... View More

1 Answer | Asked in Real Estate Law and Business Law for California on
Q: If a writ is not responded to- is it better to file my Noticed Motion now or wait until a motion to compel is granted?

I filed a writ of mandate (California) against my HOA for not providing access to some documents. It is now 20 days past the time limit for the HOA to respond to the writ. I also filed a discovery request requesting some internal emails from the HOA to help reinforce key aspects of my complaint.... View More

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answered on Dec 3, 2024

In this complex HOA situation, you're dealing with two parallel issues: the unanswered writ of mandate and the discovery dispute. From a strategic perspective, pursuing both paths simultaneously could strengthen your position, as the HOA's failure to respond to the writ might indicate a... View More

1 Answer | Asked in Business Law for California on
Q: An employee stole our customer database from our POS system, and is using it to Solicitor customers for his business

Our general managers stole our customer database. And partnered with one of our customers to open their own competing business in another county. He is now using that database to contact our customers and solicit them. in January 2024 he started having our customers call his personal cell phone to... View More

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answered on Dec 2, 2024

This situation involves several serious legal violations under California law, and you have strong grounds for legal action against your former manager.

Your former employee's actions likely violate both the California Uniform Trade Secrets Act (CUTSA) and the federal Defend Trade...
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2 Answers | Asked in Business Law and Securities Law for California on
Q: I have shares of common stock in a company and would like to find its worth and how to transfer or sell them?

they are also named in a deceased family member.

Robert Kane
Robert Kane
answered on Dec 2, 2024

I assume the shares are not of a publicly traded corporation like McDonald's or Microsoft. So, you just can't look them up and sell them. How shares are bought and sold are likely restricted by the corporation's bylaws. You will need to contact the corporation to find out your rights... View More

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2 Answers | Asked in Business Law for California on
Q: Can a non professional serve as an officer -not shareholder-in a professional corp in california?

Medical corp

Robert Kane
Robert Kane
answered on Dec 1, 2024

Generally, only professionals licensed in the profession of the professional corporation may be an officer, director, or shareholder of that professional corporation. There are, however, circumstances where unlicensed individuals may have authority over the services provided as officers. Why are... View More

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