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1 Answer | Asked in Business Law and Trademark on
Q: I want to use a domain name that is similar to the name of an exisitng business that provide the identical service

I have secured the domain name but not done anything beyond that. My company is a sole propriatorship and I only planned to use the Domain name and set up a directory service where other professionals can register their business. The domain name is very similar to an exisiting service /company... View More

Dominique Young
Dominique Young
answered on Feb 13, 2025

Probably not. You are essentially causing confusion to the masses regarding words or images that are associated with another business with a similar service. Just because the domain name is available, does not mean that you can register it with the USPTO. I would suggest using a different... View More

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.

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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 Business Law, Land Use & Zoning and Libel & Slander for Georgia on
Q: Is it worth it for a HOA Board of Directors to sue a homeowner for slander?

A homeowner in Georgia, who has since moved but continues to harass and slander members of the Board of Directors for a HOA has created a website under the name of the Association. Should the Association's Board seek legal remedies against this former owner?

Tim Akpinar
Tim Akpinar
answered on Feb 3, 2025

A Georgia attorney could advise best, but your question remains open for three weeks. It depends on a number of factors. If the statements are false and are resulting in damages and fit the requisite mindset, that could form a textbook basis for a lawsuit. However, there are also practical... 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

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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.

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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 Landlord - Tenant, Criminal Law, Real Estate Law and Business Law for Texas on
Q: We rented a space to someone on our storage facility. He began living in the space & we allowed it but now want him gone

We own the 15-acre facility & pay taxes every year. Due to his financial situation, we allowed him to stay & work in lieu of rent. Nothing in writing was ever done about this arrangement, all verbal. He's using his truck & camper shell to live in behind our office. Last Friday,... View More

John Michael Frick
John Michael Frick
answered on Jan 23, 2025

Because there is no agreement to pay rent, you must give him 30-days advance written notice to vacate for the reasons stated in your question. If he fails to surrender possession of the premises to you after 30 days, you must file an eviction suit in the justice of peace for the precinct where the... View More

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1 Answer | Asked in Business Law for New Jersey on
Q: Dears , i have a business matter related with an unpaied invoice for 18k on a NJ company , can anybody help me ?

I do have a regular signed and honoured contract , company is solvable they just dont pay me.

Leonard R. Boyer
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answered on Jan 22, 2025

An experienced litigation attorney can write a strongly worded letter which may resolve the problem. In that letter, (which is something I have done frequently) I would also seek attorney fees. Expect to pay for 1/2 hour of attorney time for a review of all documents. The letter may be sufficient... View More

2 Answers | Asked in Business Formation, Business Law and Tax Law for Georgia on
Q: what is the most cost effective way to structure multiple businesses?

I have 1 llc and I would like to start 2 more businesses. Should I use a dba or create the 2 new businesses under the one llc? or keep them all separate entities?

Morgan Theodore
Morgan Theodore
answered on Jan 21, 2025

It depends on whether the businesses are related to one another. It generally makes the most sense to form separate businesses. Each business will have liability protection so long as you keep them separate from one another and will insulate you from personal Liability. If they are indeed... View More

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1 Answer | Asked in Business Law, Insurance Bad Faith and Consumer Law for Delaware on
Q: I used a shipping company to transport personal belongings worth around $10,000.

I used a shipping company to transport personal belongings worth around $10,000. The shipment, intended for overseas transport via sea container, was delayed multiple times, returned, and kept at their business office, where it was destroyed in a fire. The company is not offering full compensation.... View More

Morgan Theodore
Morgan Theodore
answered on Jan 21, 2025

You would have to send your contract with the shipping company's terms to an attorney to review this. If there was indeed a fire, they should have some insurance coverage for contents. I would hire an attorney to put them on notice of a breach of contract and negligence. Obtain their property... View More

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

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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 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

Pavel Kolmogorov
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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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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 .

Pavel Kolmogorov
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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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2 Answers | Asked in Tax Law and Business Law for California on
Q: I owe $3k to FTB. not working, cant pay or make payments. s corp for real estate commissions only. single person scorp

scorp has been suspended. I want to completely terminate the scorp, but all fees must be paid to do this. FTB is threatening legal action against the s corp. what happens if they proceed? am I personally liable in any way? I only own a couple cheap cars. no real estate. no $ in bank. all credit... View More

Pavel Kolmogorov
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answered on Jan 14, 2025

The S corp is a separate legal entity, so its debts typically belong to the corporation. Since your S corp is suspended and likely has minimal to no assets, FTB might find it challenging to collect on the debt through typical means. However, legal actions can complicate the process of formally... View More

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2 Answers | Asked in Business Law and Contracts for California on
Q: The Agreement shall be governed laws of Texas, tried in Miami, FL. The contract was signed in LA, Can it be tried in LA?

I signed a contract that states "Controlling Law and Jurisdiction. This Agreement shall be governed by the laws of Texas and the United States, without regard to the conflicts of laws provisions thereof. Unless waived by Company (which it may do in its sole discretion), the exclusive... View More

Pavel Kolmogorov
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answered on Jan 14, 2025

The language in your contract (“The Agreement shall be governed by the laws of Texas,” and “the exclusive jurisdiction and venue of any action … shall be the State and Federal courts located in Miami-Dade County”) typically means that if a dispute arises, it should be heard in Miami-Dade... View More

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1 Answer | Asked in Business Law, Civil Litigation and Contracts for Florida on
Q: Yes I own and operate a junk removal business in Florida. Woman calls me to come estimate. a Junk Removal Job Heres the

Yes I own and operate a junk removal business in Florida. Woman calls me to come estimate. a Junk Removal Job Heres the rub Its ALL her mothers (Husband's) stuff. He has NO IDEA the women are moving against him to clear this out. I offered to assist in clearing out space to decide whats junk... View More

Erik A. Perez
Erik A. Perez
answered on Jan 14, 2025

I would recommend you have a waiver prepared and signed by the clients. The waiver should specifically waive all liability for you and the company for the specific issues that may arise. This will not give you 100% protection against a lawsuit, but will certainly put you in a better position to... View More

3 Answers | Asked in Contracts, Business Formation and Business Law for California on
Q: My business partner is involved in all decision making, but won't own shares. What business contract is appropriate? LP?

I own a game on the popular gaming platform Roblox.com. A 3D modeler from Brazil has reached out with interests to join me under the provisions of a 10-year partnership contract. Details: the modeler will be involved in all decision making (like in General partnership agreements), but CANNOT own... View More

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answered on Jan 13, 2025

Choosing the proper structure depends on multiple factors, including liability concerns, taxation, and how much control each party has. A Limited Partnership (LP) requires at least one general partner, who manages the business and bears personal liability, and one or more limited partners, who... View More

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3 Answers | Asked in Contracts, Business Formation and Business Law for California on
Q: My business partner is involved in all decision making, but won't own shares. What business contract is appropriate? LP?

I own a game on the popular gaming platform Roblox.com. A 3D modeler from Brazil has reached out with interests to join me under the provisions of a 10-year partnership contract. Details: the modeler will be involved in all decision making (like in General partnership agreements), but CANNOT own... View More

Jennifer Newton
Jennifer Newton
answered on Jan 14, 2025

While a Limited Partnership (LP) could be one option, other legal structures or customized contracts, such as a profit-sharing agreement, independent contractor agreement, or hybrid partnership agreement, may better suit your needs. The final decision will depend on several factors, including your... View More

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1 Answer | Asked in Business Law, Civil Litigation, Consumer Law and Contracts for Georgia on
Q: Under Georgia law what is the duty of care that a professional landscaping company is responsible to their client?

Contracted with local professional landscaping company to perform hardscaping (patio) and landscaping (sod, shrubs, trees) design and install on our home property. While most work was completed satisfactorily, a problem with poor drainage in the backyard caused about half of the newly installed sod... View More

Tim Akpinar
Tim Akpinar
answered on Jan 13, 2025

A Georgia attorney could advise best, but your question remains open for a month. From a textbook standpoint, there could be a basis for compensation. From a practical standpoint, the matter might require the services of experts with technical insights into water drainage, such as civil engineers,... View More

2 Answers | Asked in Business Law, Civil Litigation, Copyright, Criminal Law and Intellectual Property for California on
Q: Are the notes you write down in the notes app on iPhones considered public information? Let’s say a developer

for example- he wrote the code for a smart contract that lets you buy and sell and store energy in a decentralized environment that connects all Tesla vehicles then a couple weeks later the guy is watching YouTube and comes across a video that talks about how Elon musk has been secretly working on... View More

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answered on Jan 10, 2025

Notes stored in the Notes app on an iPhone are not considered public information. They are typically protected by the phone's passcode and the user's iCloud account security. The situation you described raises concerns about the potential misappropriation of intellectual property, but it... View More

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