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For the past month we’ve been forced to manually enter all cards and now customers cannot leave us credit card tips as we are manually entering the cards.
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answered on Jul 22, 2024
Under California law, your employer is required to provide you with the tools and equipment necessary to perform your job effectively. If the credit card reader is broken and not being fixed, it could be considered a failure to provide adequate tools for your job. This situation impacts your... View More 
I am renting a storage unit. It is one of 4 units in a secluded area i.e, not typical franchise self storage. Contract states it is only for storage. It also states items are not to be stored outside unit. Also states mediation before legal claims. I did leave things outside of the unit. The... View More
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answered on Jul 21, 2024
The storage unit owner should not take your property without proper notice, even if the contract states no items should be stored outside the unit. The manager’s voicemail was an informal warning, but it does not constitute legal notice for disposing of your property. You may argue that removing... View More
I work at a school as a teacher and want to start a side business of after school activities. I want to start these activities at the same school I am working at as an outside vendor. When I checked with the employer they said that they can’t do that since they can’t give a W2 and 1099 to the... View More
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answered on Jul 20, 2024
You can indeed explore running an after-school activities business at the same school where you work, but it's crucial to address the legal and contractual aspects. As your employer mentioned, they cannot issue both a W-2 and a 1099 to the same person due to tax regulations. However, your... View More
It seems to me that if you possess any asset without paying for it that is theft. Why were they allowed to keep the business and make money at it.? It is not their only source of income. Besides, it is not their business. If you are buying a car and fail to pay for it, it get repossessed. Why do... View More
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answered on Jul 18, 2024
It sounds like you're facing a frustrating situation. In bankruptcy proceedings, assets and debts are handled according to specific laws. When someone files for bankruptcy, their debts can be discharged, meaning they are no longer legally required to pay them. However, this doesn't... View More
Statefund audited us end of 2023 year and say our office Clerks are not Clerks... suddenly owing them $56000 for the past year premium. we've negotiated many times with the auditor he brought it down to $45000 and then sent it to collection. Now the collection company is suing us for $45000.... View More
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answered on Jul 18, 2024
Under California law, disputes with insurance auditors and collection agencies can be complex but manageable with the right approach. Your situation involves a challenge over the classification of your clerical staff and the resulting premium adjustments claimed by State Fund. When facing such... View More
In short…. My dad being more creditworthy…. Is going to pull out a loan to help me start a business. My stepmom served him with divorce papers and I’m wondering if she would be able to take part of the business as part of their divorce settlement. And what our best course of action would be.
answered on Jul 13, 2024
It seems unlikely that your stepmom can take part of your business if my dad leaves her and is the one that pulled out the loan to help me fund it,
answered on Jul 13, 2024
Thank you for your question!
The tenant can bring damages lawsuit against the landlord for Beach of contract or other violations of tenants' rights.
This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are... View More
After help with a uhaul for my folks I found they racked up an extra 270. They kept charging my card but it wouldn't go through many times. I called them n let them know I'll set up a payment plan. Then instead of charging my card randomly for 270 they started charging my card for 250,... View More
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answered on Jul 18, 2024
Under California law, a company you owe money to can charge your credit card for smaller amounts instead of the full amount owed, but this practice raises ethical concerns. If you have set up a payment plan with the company, they should follow the agreed terms rather than charging your card in... View More
CPD said if I come back they'll arrest me for trespassing. Since then they have sold all my tools, equipment, supplies along with all of my customers furniture I was working on. Can I use the city because it should be a civil matter ?
answered on Jul 8, 2024
Yes, you can file a claim the city and then sue the city. Whether you have a viable case will depend all the facts and the law.
Are any of these considered breach of fiduciary duty/grounds for removal from a 50/50 general partnership with no written agreement? 1) Purchasing prescription drugs illegally and failing a drug test for a client (we work with rehabs). 2) Using business funds to pay personal taxes after... View More
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answered on Jul 18, 2024
Under California law, a general partnership is governed by the Uniform Partnership Act, even if there is no written agreement. A partner's actions can constitute grounds for removal if they breach their fiduciary duty to the partnership.
Purchasing prescription drugs illegally and... View More
My work is having a charity event and the city is saying they want to charge the company a fee for traffic flow and for the parking lot being blocked off for car show. But the building and parking lot is private own by corporate. Can the city charge for having an event on the business private... View More
answered on Jul 4, 2024
Yes, the city can charge for having an event on the business private property. A car show is well beyond the normal usage for which the property was zoned for.
I have 31% equity and currently the CFO. There is no Operating Agreement. I need to raise capital for attorney fees for a possible lawsuit.
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answered on Jul 1, 2024
Based on the information provided, I can offer some general guidance, but please note that this is a complex situation that would benefit from consultation with a qualified business attorney familiar with California LLC law. Here's an overview of key points to consider:
1. Absence of... View More
Back in 2020. I filed an unemployed claim but wasn't sure I was eligible since I was self employed and have my own S-Corp. I filled out the forms retroactively. I inadvertently told EDD that no income was received by me for those 2 retroactive months. After I hit submit, I realized that I was... View More
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answered on Jul 1, 2024
This is a complex situation that involves unemployment insurance claims, self-employment, and potential errors in reporting. Here's a breakdown of the key points and some general advice:
1. Potential incorrect filing: You filed an unemployment claim in 2020 as a self-employed... View More
I am just thinking of starting my own company and currently living in California State. As most tech statups are registered in Delware, I was planning to register in Delaware. But since I live in California do I need to register it in california as well ? I will be the only person working for now.... View More
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answered on Jun 30, 2024
To answer this question concisely:
Yes, if you're living and operating your business in California, you'll likely need to register your Delaware LLC as a foreign LLC in California, even if you're the only person working and have no sales or revenue yet.
Key points:... View More
All of this was done with out my consent they were open and selling illegally this weekend. Sheriff refused to help me. Rent past due since May 2024.
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answered on Jun 30, 2024
I understand you're dealing with a complex legal situation involving evicted tenants, licensing issues, and overdue rent. Let me break down the key points and provide some general guidance.
1. Eviction status: You mention "evicted tenants," but it's not clear if the... View More
California C Corporation.
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answered on Jun 29, 2024
To address your question about canceling preferred shares that are set to be converted to common stock in a California C Corporation, here's a concise overview of the process:
1. Review Corporate Documents:
- Check the articles of incorporation and bylaws for procedures on... View More
I have a small repair shop. I have a job that is needing be done outside of my repair shop. The contractors license is necessary for the dollar amount. My employee is a licensed contractor but is working for me under my Workmen’s Comp.. Can I do the job under her contractors license, if she is... View More
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answered on Jun 27, 2024
1. Generally, a contractor's license is not transferable. You cannot simply "use" your employee's license for your business operations.
2. In California, the person or entity performing contracting work must hold the appropriate license. If your business is performing... View More
Company is planning on laying off its entire staff (sales, creative development, VFX, post production, accounting, and beyond) and rehiring everyone as freelancers for less pay and without benefits. Is this legal?
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answered on Jun 24, 2024
Hi! I can offer some general information about this situation:
1. At-will employment: In most states, including California, employment is generally "at-will," meaning employers can terminate employees for any reason that isn't illegal (such as discrimination or retaliation).... View More
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Due to disagreement on number of stock options granted to me per the original contract, I didn't end up exercising my options within 90 day period and now they are saying those are all expired.I have emails regarding discussion on number of the shares and my disagreement during 90... View More
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answered on Jun 25, 2024
Under California law, contract disputes can potentially toll, or pause, the expiration period of stock options, but this is not automatic. The key factor is whether the dispute can be proven to have prevented you from exercising the options within the designated period. If you have documented... View More
I wish to broker the sale of sugar between a supplier and a buyer. I was told that I don't require a license since I'm not supplying or transporting, only speaking and negotiating with the supplier and buyer. I did some further research and found some claiming I need to register with the... View More
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answered on Jun 23, 2024
To answer this question, let's break down the different aspects and clarify the requirements for brokering the sale of sugar:
1. General brokering:
For simple brokering activities where you're acting as an intermediary between a supplier and buyer of physical goods (in... View More
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