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California Business Law Questions & Answers
2 Answers | Asked in Contracts, Business Formation and Business Law for California on
Q: When you do a dba to your incorporated business does it automatically become incorporated also?

We are General Contractor going into business starting a new company we will own 50% and adding it to contractors license as a dba

Shawn R. Jackson
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answered on Nov 19, 2024

The short answer to your "automatically become incorporated" is "no". The longer answer is a combination of ownership, your management agreement, your written agreement with homeowners for your "Home Improvement Contracts" ... and the CSLB issues ... you will want to... View More

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3 Answers | Asked in Estate Planning, Real Estate Law and Business Law for California on
Q: My husband inherited his Mom's house (handwritten will). Does he have to go through probate to get the deed in his name?

We already lived with her for about a year because she was sick and needed our help. She was too sick at the end and she passed before she could make a quick deed. My husband also got very sick and couldn't take care of the title change yet. What does he have to do to get the deed in his name?... View More

Sally Bergman
Sally Bergman
answered on Nov 18, 2024

Unfortunately, there is no way to avoid a probate as that is the only way title to the property can be changed from your mother-in-law's name to her heirs. Also, if your husband has any siblings and/or nieces/nieces from a deceased sibling, they will be entitled to a share of the house.

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1 Answer | Asked in Business Law for California on
Q: Hello i am not a locksmith i wanted to know is it a Crime to sell blank home and Automotive keys online in California?
James L. Arrasmith
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answered on Nov 16, 2024

In California, selling blank keys (both residential and automotive) is legal as long as you comply with specific business regulations. Basic blank key sales don't require any special licensing or permits.

However, if you plan to offer key cutting services or duplicate existing keys,...
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1 Answer | Asked in Business Law and Civil Litigation for California on
Q: Limit on levy on account of debtor family of 4
James L. Arrasmith
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answered on Nov 14, 2024

In California, there are specific limits on how much a creditor can levy from your wages or bank accounts, especially when you have dependents. For wage garnishments, the state follows federal guidelines, typically allowing up to 25% of your disposable earnings or the amount by which your weekly... View More

1 Answer | Asked in Business Law and Civil Litigation for California on
Q: Can I collect a debt from out of state business that failed?

I worked as an expert witness through an agency (TASA Group). It collected funds due, took their agreed amount out, and forwarded payment to me. They apparently went out of business without telling anyone. It owes me nearly $4,000. It is based in Pennsylvania. What can I do to collect?

James L. Arrasmith
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answered on Nov 14, 2024

You can start by gathering all your records related to the payments and your agreement with TASA Group. This includes contracts, invoices, emails, and any correspondence that shows the amount owed to you.

Next, consider filing a claim in small claims court in Pennsylvania. Small claims...
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2 Answers | Asked in Banking, Business Formation, Business Law and Consumer Law for California on
Q: do I need a license to practice law? If not, under equal protection, as PRIVATE COUNSEL, am i entitled to a free listing
William John Light
William John Light
answered on Nov 14, 2024

LOL. 1. Yes, you need a license to practice law. 2. Justia is a business. You aren't entitled to anything from it, whether you are an attorney or not. Extremely doubtful Justia will provide a listing to a non-attorney as that would lead to potentially significant liability for it in the... View More

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1 Answer | Asked in Business Law and Contracts for California on
Q: I am owed around $5k from a business in Montana, but I live in California. How do I take them to court?

I paid $5000 to a business in MT for a trip, I had to cancel the trip over 6 months out. I was told I would get all my money back if I canceled before 90 days of the trip. It has been 6 months of checks lost in the mail and then waiting for them to PayPal me the money back. They are now ignoring my... View More

James L. Arrasmith
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answered on Nov 14, 2024

To take the Montana business to small claims court, you’ll first need to determine the appropriate jurisdiction. Since the business is located in Montana, you may need to file the claim in Montana’s small claims court. However, sometimes you can file in California if the business has sufficient... View More

1 Answer | Asked in Personal Injury, Antitrust, Business Law and Insurance Bad Faith for California on
Q: Denial of Access to Recordings General Order GE N-011-00= Due Process

"Several bailiffs were called to the courtroom as a precaution. Plaintiff and Defendant's Counsel argued.

Plaintiff accused Defendant's Counsel of committing fraud and the Court of lying. The Court

reviewed Plaintiff's offered evidence- an email from... View More

James L. Arrasmith
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answered on Nov 14, 2024

Your concern about maintaining an adequate court record for appeal is valid, especially given the Jameson v. Desta precedent highlighting how crucial verbatim records are for appellate review.

If court reporters aren't being provided, you have several immediate options: First, you can...
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1 Answer | Asked in Immigration Law, Business Formation and Business Law for California on
Q: LLC Registration with a foreign Co-Founder

I am an Iranian citizen living in Iran, and I want to start a US-based LLC with my colleague, a US citizen who lives in California. I will work remotely as a marketing specialist, and all business activities will be with US clients only, with no connections to Iran.

My colleague would... View More

James L. Arrasmith
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answered on Nov 15, 2024

Due to current U.S. sanctions on Iran, forming an LLC with an Iranian citizen faces significant legal challenges. The Office of Foreign Assets Control (OFAC) maintains comprehensive restrictions on business dealings with Iran and Iranian nationals.

You would need to obtain specific...
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1 Answer | Asked in Business Law for California on
Q: Commercial storage rate for our small business has increased overnight by 53% without any notice. Is it legal in CA ?

The storage rate for our small business has increased overnight by 53% without any notice. The warehouse is located in California. Is it legal at all? They did admit in writing that we didn't have a notice, but demanding payments at a new increased rate plus other extra fees. An old... View More

James L. Arrasmith
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answered on Nov 15, 2024

In California, commercial storage rate increases require reasonable notice to tenants, typically 30 days in advance for month-to-month agreements. Since you didn't sign a new agreement with the new owners, your original contract terms should still apply, and they must honor these until proper... View More

1 Answer | Asked in Business Law for California on
Q: Do I need to file BOI report for a single-member LLC registered before Jan 1, 2020?

Am I required to file BOI report for a single-member LLC that was registered before Jan 1, 2020, never engaged in any business activity, and was later dissolved in mid 2020?

It was not foreign owned. It did not have any change in ownership. It never sent or received any funds. It did not... View More

James L. Arrasmith
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answered on Nov 15, 2024

Based on the Corporate Transparency Act (CTA), you would not need to file a Beneficial Ownership Information (BOI) report for this LLC since it was dissolved before January 1, 2024, when the reporting requirements took effect.

The key factors here are that your LLC was completely dissolved...
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1 Answer | Asked in Business Law, Civil Rights and White Collar Crime for California on
Q: County Council and Cepa departments in the County of Santa Clara. Can these departments demand assets of a 501(c)(3)?

Demand letters were sent, and financial information was requested via email. There were accusations of false advertising, Breach of Fiduciary duty, and violations of business code conduct and that the county did not give the corporation permission to have a foster program or spend our money on our... View More

James L. Arrasmith
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answered on Nov 15, 2024

Your situation raises serious concerns about potential abuse of authority. County departments cannot arbitrarily demand assets from legitimate 501(c)(3) organizations without proper legal grounds and due process.

The actions you describe - demanding assets through intimidation tactics while...
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1 Answer | Asked in Business Law for California on
Q: Is single-member LLC with no business activity required to file BOI report?

1. Is a single-member LLC that was registered before Jan 1, 2020, never engaged in any business activity, and was later dissolved in May 2020 required to file a BOI report?

Note: It was not foreigned owned. It did not have any change in ownership. It never sent or received any funds. It did... View More

James L. Arrasmith
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answered on Nov 15, 2024

Based on the Corporate Transparency Act (CTA) requirements, all domestic LLCs must file Beneficial Ownership Information (BOI) reports regardless of business activity level, with very few exceptions.

For the first LLC dissolved in May 2020, you would not need to file a BOI report since it...
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3 Answers | Asked in Business Law and Employment Law for California on
Q: I got kicked out of a partnership by a co-founder after 5 months of work with no compensation. what can I do about it?

We agreed with another person to co-found a company where they are a CEO and I'm a technical co-founder. We worked side-by side for 5 months. And about a month they stated that I was no longer a co-founder. They demanded to transfer the IP rights, leaving me with no equity and no compensation... View More

Neil Pedersen
Neil Pedersen
answered on Oct 28, 2024

As a partner, your rights will derive not from employment laws, but from the laws related to partnership and other business related laws. It would be wise for you to locate and consult with a business litigator who is very familiar with partnership and contracts. Good luck to you.

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1 Answer | Asked in Business Law and Medical Malpractice for California on
Q: Can plaintiff amend opposition to demurrer to complaint without leave of court?

Can plaintiff amend opposition to demurrer to complaint without leave of court?

James L. Arrasmith
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answered on Oct 27, 2024

If you're considering amending your opposition to a demurrer in California, it's important to understand the procedural requirements. Generally, once you've filed an opposition, any amendments to that document typically require the court's permission. This is because the court... View More

1 Answer | Asked in Business Law for California on
Q: Which is better to use for filing BOI report, EIN or SSN?

I have a single-member LLC registered under my name in state of Wyoming, but I reside in California. This LLC has never engaged in any business activity (no customers, no employees, no revenue, no taxes).

I am required to file a BOI (beneficial ownership information) report by the year-end... View More

James L. Arrasmith
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answered on Oct 26, 2024

Using an EIN to file your BOI report is generally a better choice. It helps keep your personal Social Security Number separate from your business information, enhancing your privacy and security.

Additionally, having an EIN makes it easier to manage your LLC’s affairs in the future, even...
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1 Answer | Asked in Real Estate Law and Business Law for California on
Q: If amending a writ (making it verified) must I also update the writ with new events that occurred after the 1st filing?

I filed a writ of mandate to force my California HOA to release some documents. After I filed the writ, I realized that the code (California procedure 1085-1086) required my writ to be verified. I'd like to amend my petition by making it verified- otherwise the other side will demurrer.... View More

James L. Arrasmith
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answered on Oct 17, 2024

When amending your writ to add verification, it's important to know that the court will expect the amended writ to reflect the current state of facts, not just what was true when you first filed. Since the HOA provided some documents after your initial filing, it’s recommended to include... View More

1 Answer | Asked in Business Law for California on
Q: Would you be interested in representing a book author who has experienced two scam services in book publishing industry?

I can provide you the fraudulent letters in question, plus further documentation supporting my case. I have e-mail responses from Barnes & Noble expressing that these letters are not legitimate, rather, scams. Publishing company involved in scam is: Time Square Publishing. I have paid for... View More

James L. Arrasmith
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answered on Oct 17, 2024

I'm sorry to hear about the challenges you've faced with Time Square Publishing. Dealing with fraudulent services can be incredibly stressful, especially when you've invested your time and resources. Reviewing the fraudulent letters and any supporting documentation you have will be... View More

2 Answers | Asked in Business Law for California on
Q: What happens if you are 50% owner of a corporation and have no written agreement and one partner wants out

one partner has put in 80k and the other has put in 30k but now wants to dissolve the company and other partner does not want to

Shawn R. Jackson
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answered on Oct 15, 2024

As you might imagine, a few initial questions for you: [1] is there a signed shareholder's agreement for the corporation ... [2] what are the written documents that support the "50%" ownership and how does that ownership reflect the 80k - 30 k split ... and [3] do you have a signed... View More

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4 Answers | Asked in Business Law and Employment Law for California on
Q: a subordinate at the previous employment has provided deliberately false information to a background checker

The false information which gave false employment dates and reason for leaving (I resigned, but the subordinate said I was fired) has resulted in my conditional job offer with the county to be withdrawn. In addition, the subordinate also circulated damaging rumours to my colleagues ( I am a nurse... View More

Neil Pedersen
Neil Pedersen
answered on Oct 9, 2024

The short answer is maybe yes. More would need to be known. You say this person who stated the falsehoods was a subordinate. That suggests the person was not authorized by the company to speak on its behalf. Under those circumstances if the subordinate makes knowingly false statements of past... View More

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