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California Business Law Questions & Answers
1 Answer | Asked in Business Law, Landlord - Tenant, Contracts and Real Estate Law for California on
Q: Legal rights of co-owner landlord in tenant disputes without agreement in CA

I am part owner of a residential property in California listed on the deed/title, alongside other owners who contest my actions concerning the tenants. I've experienced issues with the tenants who pay rent to my spouse, another owner who opposes setting additional rules. The tenants have been... View More

James L. Arrasmith
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answered on Feb 15, 2025

Your situation as a co-owner highlights the complexities of property management without written agreements in place. Under California law, all property co-owners have equal rights and responsibilities regarding the property, which means unilateral decisions about tenancy terms can be legally... View More

2 Answers | Asked in Consumer Law, Contracts, Business Law and Products Liability for California on
Q: Can I sue a business for selling a medical device without verifying my license?

I purchased a medical-grade device from a business that did not verify whether I have the proper license to use it. The company claims you don't need a license to own it, but industry standards and my research indicate that a license is required for business use. They provided minimal... View More

Robert Kane
Robert Kane
answered on Feb 14, 2025

If you can establish they were prohibited by law from selling it to you perhaps you have an argument. Admitting you have been using it illegally is a problem that would likely have consequences. For you to be absolved of any responsibility for not knowing you had to be licensed seems very unlikely.... View More

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1 Answer | Asked in Estate Planning and Business Law for California on
Q: California: Can trust asset sale proceeds be renamed as personal assets?

I am in California, and my sister is the surviving grantor for the revocable trust she established with her late husband. Upon her death as the second grantor, the trust assets are to be divided 50/50 between his heirs and her heirs. After her husband's death, she sold their trust-owned house... View More

James L. Arrasmith
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answered on Feb 14, 2025

Your instincts about this situation are correct. Under California Probate Code Section 16002, trustees have a duty of loyalty to the trust beneficiaries and must manage trust assets for their benefit, not for personal gain. When your sister sold the trust-owned house, the proceeds remained trust... View More

2 Answers | Asked in Consumer Law, Contracts and Business Law for California on
Q: Overpaid for a medical machine; possible case for misrepresentation?

I purchased a medical-grade machine for my business, paying $18,000. I later discovered it is a knock-off of the industry's leading product, which costs $13,000 and offers better quality and ongoing support. I still owe $6,000. The seller is giving me two options: return the machine and... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Feb 14, 2025

You seem to be saying you have buyer's remorse? IF they LIED or MISREPRESENTED what they sold you and you reasonably relied upon the misrep(s) then you would have a claim against them. Good luck with it...

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1 Answer | Asked in Business Law, Civil Litigation, Contracts and Real Estate Law for California on
Q: Seeking help for partition action on a co-owned Los Angeles duplex.

I am currently homeless and living in a tent while owning a well-maintained duplex in Mid City, Los Angeles, CA, which I inherited free and clear. The property was appraised at $1.2M eight years ago. I have one co-owner (my uncle) who collects all rental income without sharing profits or disclosing... View More

James L. Arrasmith
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answered on Feb 15, 2025

Your situation sounds incredibly challenging, and it's unacceptable that you're living in a tent while being a rightful property owner. Given your documented ownership since 2009 and the evidence of financial misconduct, you have strong grounds for legal action.

In California, any...
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1 Answer | Asked in Child Support and Business Law for California on
Q: How can I enforce child support by shutting down a non-compliant parent's online business?

I have a child support order in place, but the non-compliant parent has not made any payments for six months, and child support enforcement has not taken any action during this time. His online business, which is registered in the same state as the child support order, is still operational. Besides... View More

James L. Arrasmith
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answered on Feb 15, 2025

You have several legal options to enforce child support through your ex's business operations in California. Working through the Department of Child Support Services (DCSS) is often the most effective path, as they can place liens on business assets and intercept business income.... View More

1 Answer | Asked in Business Formation and Business Law for California on
Q: is it illegal to sell 1:1 airpods even if I list them as fake and 1:1

I want to sell 1:1 airpods listed as fake, but I don't want to face legal trouble

James L. Arrasmith
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answered on Feb 15, 2025

Yes, it is illegal to sell counterfeit AirPods in California and throughout the United States, even if you explicitly label them as fake or "1:1" replicas. This violates federal trademark and copyright laws, specifically the Trademark Counterfeiting Act.

Adding disclaimers or...
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1 Answer | Asked in Business Law and Civil Litigation for California on
Q: My auto finance company ACA is charging me $10k of interest while my principal is only $12 k I live in the state of CA
James L. Arrasmith
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answered on Feb 8, 2025

That interest rate seems unusually high compared to your principal amount. In California, the Financing Law (CFL) sets limits on interest rates that lenders can charge. For auto loans, the maximum annual interest rate is typically capped at around 36% for most borrowers.

You have several...
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1 Answer | Asked in Business Law and Election Law for California on
Q: Denial of our petition, 501(c)(7). No documentation to justify denial. Withdrawals after submission date. Signers listed

Petition submitted Dec 26, 2024. The board sent this to all petitioners:

Please reply and verify that you did sign this petition and that your name is accurate on the notice. If you did not sign this petition, if any corrections are needed to your name, or if you wish to remove your name... View More

James L. Arrasmith
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answered on Feb 7, 2025

Your situation with the 501(c)(7) petition denial deserves immediate attention, and there are clear steps you can take to address this lack of transparency.

First, send a formal written request via certified mail to the board demanding the specific reasons for denial, citing California...
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2 Answers | Asked in Business Law and Election Law for California on
Q: 501(c)(7). Voter name list can be requested, directors election. Are proxy voters OR the proxy holder's name exposed?

Concerning proxy voters privacy and exposure.

In an election of directors, one may request a list of the voters names, etc. If the voter uses a proxy to vote, are their names on the list or just the proxy holder's name?

If I solicit proxies, do I have to reveal the names of... View More

Robert Kane
Robert Kane
answered on Feb 13, 2025

The bylaws specify the procedures for member voting. Whether the proxy voters OR the proxy holder's name are exposed may not be covered. If this is the case, a vote may be needed if the issue is contested. My best regards. Rob Kane Orange County Business Non-profit Attorney California 501(c)(7)

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2 Answers | Asked in Family Law and Business Law for California on
Q: will registering in a domestic partnership affect my personal business?

I have an established business currently registered in my name. My current partner and I are considering to register in a domestic partnership. However, I want to keep my personal relationship and business completely separate.

Pavel Kolmogorov
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answered on Feb 3, 2025

Registering in a domestic partnership will generally affect your personal business in the same way that marriage would, as domestic partners are granted the same rights, protections, and responsibilities as spouses. This includes community property rights, mutual responsibility for debts, and the... View More

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1 Answer | Asked in Contracts, Real Estate Law and Business Law for California on
Q: If a California Corp provided financials but the financials are incomplete does that count as providing?

Over 2 months my HOA refused to provide me access to several financials that I as a member I am entitled to inspect (Corp code 8333). I eventually filed a writ in superior court. After filing the writ the HOA started sending me the documents. However, many of the financials they sent are... View More

James L. Arrasmith
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answered on Feb 2, 2025

Under California Corporations Code 8333, you have the right to inspect complete and accurate financial records. Simply providing partial or inaccurate documents likely doesn't fulfill the HOA's legal obligations, especially if information has been deliberately omitted or altered.... View More

1 Answer | Asked in Business Law, Collections and Small Claims for California on
Q: Can the tow agency keep my vehicle forever?

January of 2024 my vehicle was stolen from my driveway. Two weeks later the car was located by CHP who had it towed and stored. I was unable to get the car out of the tow yard due to the cost which quickly got out of hand.

After a few months I received notice from DMV that the tow... View More

James L. Arrasmith
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answered on Jan 28, 2025

When your car was towed and stored by the agency, they accrued charges for towing and storage fees, which led to the judgment against you for the money owed. However, winning a monetary judgment in small claims court doesn’t automatically give the tow yard ownership of your vehicle unless... View More

2 Answers | Asked in Business Law for California on
Q: If purchase agreement is not written correctly leads to one party sue the other weather if the contract has to be

Terminated in writing or not. State in the agreement

If the buyer does not approve of the books and records, in writing in within the Pacific time. Either party may terminate the contract. One party says it it says it can be terminated and it only has to be in writing if they’re agreeing... View More

Pavel Kolmogorov
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answered on Jan 24, 2025

If the agreement’s language is unclear, each party might interpret it differently, which can definitely lead to legal disputes.

If one side believes that only written approval is required, while the other thinks that any termination also needs to be in writing, you have an ambiguity in...
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3 Answers | Asked in Business Law, Civil Litigation, Consumer Law and Contracts for California on
Q: If a morgage servicer reported inaccurate information to the credit bureaus can you sue them in court?

I have receipts for the payments. Guy reported inaccurate information. I’ve been denied two loans because of it. Guy harassed the hell out of me with phone calls and letters motivating me to sue the morgage servicer. FCRA and TCPA.

Pavel Kolmogorov
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answered on Jan 24, 2025

Absolutely. If you have proof (like receipts or bank statements) that you’ve been making your mortgage payments on time, but the servicer is still reporting late or missed payments, that can form the basis of a lawsuit under the Fair Credit Reporting Act (FCRA). The FCRA requires companies to... View More

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2 Answers | Asked in Consumer Law, Criminal Law, Business Law and Civil Litigation for California on
Q: A storage facility general manager internally removed me from my storage unit which I've been paying for over a year. He

listed me as "moved out" even though I have been paying my monthly fees and all of my things were supposed to be stored in there. Upon checking my unit just now, I found out my lock was cut off and my belongings were removed without any notification to me. They also moved in a new... View More

Pavel Kolmogorov
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answered on Jan 19, 2025

Start by gathering all relevant evidence, such as payment records, a list of missing items, and communication with the storage facility. Draft a demand letter to the storage facility management requesting the return of your belongings. Report the theft to the police. You may consider exploring your... View More

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2 Answers | Asked in Consumer Law, Business Law and Collections for California on
Q: I need referral to lawyer or oaralegal assistance to file a motion to vacate or modify a renewal of judgement notice
Joel Gary Selik
Joel Gary Selik
answered on Jan 17, 2025

Use the search function of this website to find an attorney in your state.

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2 Answers | Asked in Contracts, Employment Law, Business Law and Collections for California on
Q: Does California's FWPA apply to equipment rentals?

I provide equipment rentals as part of my freelance services. California recently established the Freelance Worker's Protection Act which stipulates that I may collect up to double the amount stipulated in a contract for professional services when a client does not pay on time or at all. If... View More

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answered on Jan 16, 2025

The FWPA primarily focuses on the payment for services rendered by freelance workers. If an equipment rental is viewed as an ancillary part of the services you provide (for example, tools or equipment necessary to complete a freelance project), it may be argued to fall under the umbrella of... View More

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2 Answers | Asked in Business Formation and Business Law for California on
Q: Southern California , (Funeral Industry ) ,is it necessary to have a funeral establishment license for at need cremation

The business entity is not a crematory .

Robert Kane
Robert Kane
answered on Jan 15, 2025

It seems you have many questions about starting your business. I suggest you consult with a small business attorney and an accountant. You will not gather all the relevant information through a free online Q and A. JA's AI generated responses could do more harm than good. Rob Kane Orange... View More

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3 Answers | Asked in Business Law for California on
Q: Does a direct cremation business in California need a funeral establishment license . I have third party crematory

I have third party crematory and service performing removals . I will have an virtual office .

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answered on Jan 14, 2025

A funeral establishment license is generally required for businesses that perform services related to the disposition of human remains. This includes arranging for cremations, even if you are not directly performing the cremation but are coordinating it with a third-party provider.

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