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Q: Seeking compensation after car accident; driver at fault, total loss of vehicle and injuries.

I was involved in an auto accident on April 23, 2025, where another driver, who was on the job, swerved into my lane causing me to veer into his lane to avoid a head-on collision. He then swerved back and hit the gravel, fish-tailing and colliding with the driver's side of my car, totaling my... View More

Emery Brett Ledger
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answered on May 16, 2025

Thank you for sharing the details of the incident. We understand how stressful and overwhelming a situation like this can be, especially when it involves injuries to both yourself and your family members.

Based on the information you've provided, your inquiry involves complex legal and...
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2 Answers | Asked in Business Law and Contracts for California on
Q: Is the Manager's conduct lawful in altering contact without notice in a CA LLC?

I am a member of a California LLC with 55 members, managed by another LLC. Our operating agreement specifies a contact for the Manager, but this was changed without notice or consent. Now, I can only communicate through an Investor Relations team that neither provides Manager access nor answers my... View More

Pavel Kolmogorov
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answered on May 16, 2025

The manager's conduct in changing the contact method without notice or consent may not be lawful under California LLC laws and the operating agreement, depending on the specific terms of the operating agreement and the manager's fiduciary duties. California law provides that the operating... View More

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2 Answers | Asked in Business Law, Estate Planning, Tax Law and Real Estate Law for California on
Q: Ensuring capital gains exclusions on home sale without reassessment.

I have lived with my boyfriend in California for over 10 years. He bought the home before we started dating, and I'm not on the title, but I've contributed equally to the home's finances. We file taxes separately, each claiming half of the property taxes and interest. I'm listed... View More

Klaus Gottlieb
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answered on May 15, 2025

Since the home is in your boyfriend’s name and you’re not on title, you don’t currently meet the ownership test for the $250,000 capital gains exclusion. However, if you get married before the sale and file jointly, you and your spouse can exclude up to $500,000 in gain—assuming one of you... View More

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2 Answers | Asked in Business Law and Employment Law for California on
Q: Employer did not honor 401k matching as stated in employee handbook, what should I do?

In June 2021, my employer implemented a 401k program and claimed they would match up to 4% of contributions. The employee handbooks from September 2022 onwards consistently state this matching policy. Recently, I was informed that the matching was never enabled, and there were no signed documents... View More

Michael R Trust
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answered on May 13, 2025

Hello. What do the plan documents say? That will govern what should happen here. It's very likely that a law named ERISA covers this plan. If the plan was supposed to have matches, and they didn't occur, there could be an ERISA violation (potentially for every affected employee, past or... View More

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Q: How can I acquire a defunct company's trademarks in Illinois?

I am interested in acquiring ownership of a defunct company that ceased operations in 1968, along with its key original filed trademarks. Some of these trademarks are still actively used by an owner within the same industry, while others are expired or have limited use. I want to continue the... View More

Patrick A. Twisdale
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answered on May 13, 2025

Trademark rights in the United States are primarily governed by federal law and adjudicated through the U.S. Patent and Trademark Office (USPTO) and the federal court system, rather than through state registration systems. While some states, including Illinois, do maintain their own trademark... View More

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4 Answers | Asked in Trademark, Business Law and Intellectual Property for Georgia on
Q: Received a cease-and-desist letter for my unreleased game's title claiming trademark infringement. Title uses a common word related to hunters, stylized differently. Company demands permanent word usage stop in media. Seeking chances if escalates to legal case.

I am a solo game developer who has received a cease-and-desist letter from a company claiming trademark infringement over my unreleased game’s title. The company’s trademark is stylized and applies to a game with a similar but not identical name. My game title uses a different spelling, is in... View More

David Aldrich
David Aldrich
answered on May 12, 2025

To answer your specific question, the fact that one name is stylized and the other is not is usually insufficient, by itself, to distinguish the marks for purposes of trademark infringement. However, it sounds like there are a number of differences in this case, and it is difficult to do any kind... View More

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3 Answers | Asked in Trademark, Business Law and Intellectual Property for Oklahoma on
Q: Trademark issue for "SHADOW BOATS".

I have been using the name "SHADOW BOATS" since 1987 for a Bassboat that I designed and built. I am aware of another company using a similar name for larger boats, such as yachts, but they previously indicated it was fine for me to use "SHADOW BOATS" for my fishing boats. You... View More

Alan Harrison
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answered on May 11, 2025

There are various ways to work around a "likelihood of confusion" refusal by the USPTO. The most common is to try getting a concurrent use agreement with the owner of the "confusing" registered mark. This is something that any trademark attorney could assist you.

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2 Answers | Asked in Civil Litigation, Business Law, Consumer Law and Public Benefits for California on
Q: How to respond to lawyer about closed case beyond statute of limitations?

I was involved in a civil lawsuit in California over three years ago regarding a business-related fraud claim, which was closed without prejudice due to my lack of assets at the time. The case never made it to court and there was no judgment. The statute of limitations has now passed. Recently, the... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on May 9, 2025

Your post is unclear in a few ways, for instance:

You said, "I was involved in a civil lawsuit in California over three years ago"

but, also said: "which was closed without prejudice... due to lack of assets at the time."

AND "The case never made it...
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2 Answers | Asked in Landlord - Tenant, Business Law and Real Estate Law for Texas on
Q: Who repairs water-damaged breaker box from landlord's leaking roof?

As a tenant operating a business in a leased commercial space, water damage occurred to our electrical breaker box due to a leaking roof, which is the landlord’s responsibility. We notified the landlord, who referred us to the maintenance person. Our lease states that we are responsible for... View More

John Michael Frick
John Michael Frick
answered on May 9, 2025

The answer to your question depends on the exact language of your lease agreement and possibly local ordinances where the premises are located. It is very important to read and understand the lease as a whole, and not to focus on single paragraphs or sections of the leases.

It is extremely...
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Q: Received cease and desist from HOA about tenant marijuana use; should I share proof of notification email?

I received a cease and desist letter from my HOA attorney, stating that my tenants have been smoking marijuana, affecting other homeowners. Other homeowners have mostly made verbal complaints, with one formal written complaint. My lease does not specify terms regarding smoking or drug use. I have... View More

Barry W. Kaufman
Barry W. Kaufman
answered on May 8, 2025

yes, you should share the notice to your tenants. There's no privacy concerns. As the owner of the unit, you are the one whose life the HOA can make most miserable, and financially difficult. It makes no sense to not cooperate with the HOA.

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2 Answers | Asked in Intellectual Property, Business Law, Internet Law and Trademark for Georgia on
Q: Can I repackage perfumes from big brands under my own brand name legally?

I want to buy perfumes in bulk from manufacturers, repackage them into smaller bottles, and sell them under my brand. These perfumes are originally from big international brands, but I plan to use my own logo and trademark on the packaging without referencing the original brands. I don't have... View More

Jeremy Malcolm
Jeremy Malcolm
answered on May 1, 2025

Yes, you can do this, but there are some requirements you have to comply with. Obviously doing it the other way around - selling your own perfume under another manufacturer's brand - would not be OK at all. But since you are not claiming any affiliation with the original manufacturer, their... View More

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3 Answers | Asked in Business Formation, Entertainment / Sports, International Law and Business Law for New York on
Q: Where should I register my Visual Effects LLC, NY or DE?

I'm in the process of starting an LLC for a company in the Motion Picture and Television industry, specifically Visual Effects. I live in New York, but most of the work will be outsourced to India, and business operations will primarily occur outside New York. I'm considering registering... View More

Gregory J. Tarone
Gregory J. Tarone
answered on May 1, 2025

I prefer Delaware because it offers specific advantages that are particularly attractive for businesses seeking investment or that want to minimize their tax burdens. As a New York attorney for 45 years, I find that New York has an excellent law and a legal system. Still, Delaware is more flexible... View More

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3 Answers | Asked in Probate and Business Law for California on
Q: Can an executor get help paying estate creditors?

I'm set to become the executor of an estate on June 6th, with a net asset value of $175,000. The liabilities include a mortgage, a repossessed vehicle, HOA fees, several credit cards, and small medical bills. I've received certified mail from Ford Credit and the mortgage company... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Apr 30, 2025

Yes, you should hire a probate attorney. Probate attorneys are compensated based on a percentage of the value of the estate, the same as executors/administrators. Extra services, if required, are billed additionally. As a general rule, they are only paid at the conclusion of the estate... View More

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3 Answers | Asked in Probate and Business Law for California on
Q: Can an executor get help paying estate creditors?

I'm set to become the executor of an estate on June 6th, with a net asset value of $175,000. The liabilities include a mortgage, a repossessed vehicle, HOA fees, several credit cards, and small medical bills. I've received certified mail from Ford Credit and the mortgage company... View More

Nina Whitehurst
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answered on May 1, 2025

You should probably hire an attorney to help you navigate this probate case. That is the best help you can obtain.

If you mean financial help, theoretically you could obtain a loan to the estate to pay claims, to be paid back when the estate settles, that that is usually not necessary....
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Q: Seeking legal advice for severe mold and roof issues in Illinois condo, health impacts, and HOA liability.

I live in a quad coach home in Illinois and have experienced severe roof leakage and drywall damage for over three years, despite the roof being replaced six years ago. With worsening damage each winter, we contacted our HOA multiple times. Initially, they found nothing wrong but cleared partially... View More

Charles Candiano
Charles Candiano
answered on Apr 30, 2025

How is the HOA liable? The HOA didn't do anything. On your facts, "roofers discovered an unconnected HVAC exhaust pipe releasing hot air into our attic, causing condensation and extensive mold growth." According to you, the individual or company responsible for disconnecting the... View More

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2 Answers | Asked in Business Formation, Trademark, Business Law and Intellectual Property for Minnesota on
Q: Help with registering a logo and resolving company name use conflict.

I have already registered my LLC and have a logo and company name designed. I discovered that while my logo is unique, the company name is already in use by another entity. What steps should I take to register my logo and resolve the issues with my company name? What legal challenges could this... View More

Robert Kane
Robert Kane
answered on Apr 30, 2025

JA's AI response is actually appropriate since only a very general response can be given on a free online Q and A. Your logo and your name would need to be known to properly advise you. If your logo is a yellow "M" and your name is McDonald's Burgers, LLC you have problems. If... View More

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2 Answers | Asked in Business Law, Consumer Law, Personal Injury and Insurance Defense for New York on
Q: Car towed to Firestone, given to another company, want to report as stolen, sue Firestone, getting runaround.

I had my car towed to Firestone for repairs, and they were supposed to tow it back to my house. However, they handed it over to another towing company without my consent. Initially, both Firestone and the towing company claimed not to know the whereabouts of my car. Later, the towing company... View More

Stephen Bilkis
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answered on Apr 30, 2025

This situation raises serious legal issues involving potential negligence, conversion, and possibly breach of contract. In New York, if a company entrusted with your vehicle transfers it to a third party without your authorization and then fails to account for it, you may have grounds to pursue... View More

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2 Answers | Asked in Business Law and Contracts for Texas on
Q: Am I liable for previous debts if added to a sole proprietorship's assumed name certificate after being an employee?

I am currently named on an assumed name certificate for a sole proprietorship. However, prior to this, I was merely an employee of the business and did not sign any agreements or contracts regarding the company's debts. Am I liable for any previous debts of the company?

John Michael Frick
John Michael Frick
answered on Apr 29, 2025

A sole proprietorship (i.e. a d/b/a) is not a separate and distinct legal entity from the natural person who is the owner of the assumed name. It is a natural person (i.e. the sole proprietor) conducting business under an assumed name. So there is no "company" or "company... View More

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3 Answers | Asked in Business Formation, Business Law, Trademark and Intellectual Property for Florida on
Q: Can another company use my registered business name in Florida?

I have a company called RemarkablyGreenLLC that has been registered in Florida since September 2023. Another company started using the exact same name in 2024, but I have not been approached by them, and we seem to provide different services. I have not taken any legal action yet. Can someone use... View More

Keith Kanouse
Keith Kanouse
answered on Apr 29, 2025

When I checked on Sunbiz.org I only found one company with the name Remarkably Green, LLC. Are you the owner, Omar R. Johnson? I did a check with the U.S. Patent and Trademark Office and found the trademark "REMARKABLY GREEN ECO-PRODUCTS FOR A BETTER TOMORROW EST. 2024" that has been... View More

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3 Answers | Asked in Bankruptcy, Business Law and Business Formation for Michigan on
Q: How to prioritize repayment of personal guarantees when dissolving LLC without legal issues?

When dissolving my LLC, I need to pay back several personal guarantees, including an SBA 7 loan with monthly repayments, a line of credit from a credit union, overdue business rent, and accountant fees with net 30-day terms. No creditors have contacted me yet, but I want to ensure I don't show... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Apr 28, 2025

You need to ask whether there is advantage or virtue in not showing preferential treatment. If you don’t have enough to repay everyone in full, you might want to use your own best interest as the criteria for deciding who to pay. An attorney could help you to choose between different options to... View More

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