Lawyers, Answer Questions  & Get Points Log In
California Business Law Questions & Answers
2 Answers | Asked in Business Law and Criminal Law for California on
Q: Can I train to be a lawyer in both criminal law and business/corporate?
Julie King
Julie King
answered on Feb 1, 2023

When you go to law school, you need to take all the courses that are tested on the Bar Exam so you are not learning new subjects at the same time as you are reviewing laws and studying for the exam. Corporations and Criminal law are tested on most bar exams (the subjects vary by state.) If those... Read more »

View More Answers

1 Answer | Asked in Business Law and Libel & Slander for California on
Q: Husbands step mother who we haven’t spoke to in 10 years is contacting his business partner to tell lies about him.

Is there anything we can do?

She has no involvement in the business and has reached out directly to his partner to speak lies on him. They have been in business together for nearly 2 yrs now.

Adam Stoddard
Adam Stoddard
answered on Jan 25, 2023

You could contact the mother in law and request that she stop calling your husband's business partner. If that does not work, you could hire an attorney to send a cease and desist letter. It sounds like there could be grounds for a defamation lawsuit based on slander.

3 Answers | Asked in Contracts, Personal Injury and Business Law for California on
Q: Do I have any claims against the business even it states in a signed form that it is not liable for the injury?

As I walking on the treadmill, I tried to tell a girl who used it wrongly and dangerously. The girl did not hear me as she put on the headphones. I did not notice the warning light. A few minutes later, I was panicked and stopped the machine which was wrong. I should have slowed down the machine... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Jan 22, 2023

make an appt with a local PI lawyer who can review your contract.

they can't just say they do not have liability.............

View More Answers

3 Answers | Asked in Contracts, Personal Injury and Business Law for California on
Q: Do I have any claims against the business even it states in a signed form that it is not liable for the injury?

As I walking on the treadmill, I tried to tell a girl who used it wrongly and dangerously. The girl did not hear me as she put on the headphones. I did not notice the warning light. A few minutes later, I was panicked and stopped the machine which was wrong. I should have slowed down the machine... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Jan 23, 2023

I agree with Mr. Gribow. Consult a personal injury attorney who will review the contract you signed with the gym. If their machine was defective they cannot just tell you they're not liable. You usually cannot waive liability for their negligence or for a defective product.

View More Answers

1 Answer | Asked in Business Law and Contracts for California on
Q: If you buy a car from a dealer can he come onto your property without permission and take the car with no prior warning,

Or even attempting to collect his or her payment prior to taking it?

Adam Stoddard
Adam Stoddard
answered on Jan 20, 2023

It depends. Did you pay in full for the car and receive a title in your name? If so, then I would say no. At that point the dealer is stealing a car. If you did not pay in full, but financed the car, and you stopped making payments, then possibly yes, the dealer can repossess the car for failure to... Read more »

1 Answer | Asked in Business Law, Civil Litigation and Contracts for California on
Q: May Public Storage refuse me access just for stating my boyfriend was dead? He listed me on his contract to allow access

And I'm listed as his emergency contact.

How can they claim anything without facts?

Joshua D. Brysk
Joshua D. Brysk PRO label
answered on Jan 19, 2023

I am sorry for your loss. If the space was rented by your boyfriend, they may require proof of authority as a successor (e.g. executor, administrator, trustee) to provide access. It may be that listing you on his contract is ineffective after he passes (like a power of attorney)--to be definite,... Read more »

2 Answers | Asked in Real Estate Law, Landlord - Tenant and Business Law for California on
Q: I sold my restaurant in 2013 and got a letter to pay unpaid rent as current owner hasn’t paid rent

Hi,

I used to own a restaurant and sold it almost 10 years ago in 2013. The lease they were on expired over 5 years ago. I got a notice in the mail about notice of belief of abandonment for unpaid rent since November. The place has been sold twice since I sold it how am I responsible if... Read more »

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jan 17, 2023

Your legal position will depend on such factors as whether you were ever released from the lease, how the extension was accomplished (option, automatic?) and other facts specific to your situation. Do not speak with the firm until after you have had a consultation and document review with counsel,... Read more »

View More Answers

1 Answer | Asked in Trademark and Business Law for California on
Q: I want to get bought out of a company but if I can’t would it be appropriate to file a company trademark under my name

Trying to get bought out of my position, but if I can’t, would it be a good idea to file the business’s trademark under my name as leverage?

Robert E. Wasserman
PREMIUM
Robert E. Wasserman
answered on Jan 13, 2023

Short answer: No.

Under 15 U.S. Code Section 1051:

(1)A person who has a *bona fide intention*, under circumstances showing the *good faith* of such person, to use a trademark in commerce may request registration of its trademark on the principal register hereby established by...
Read more »

1 Answer | Asked in Public Benefits and Business Law for California on
Q: Need advice on requirements on unifying an unincorporated association with a public benefit corporation.

We are an unincorporated association with members that do philanthropic work in the community. We want to unify with our sister entity, a public benefit corporation which manages the property we and other community groups use for meetings. The members of the public benefit corporation are the... Read more »

Matthew Morris
Matthew Morris
answered on Jan 10, 2023

An unincorporated association does not need permission from the Secretary of State to give away its property and dissolve, but an unincorporated association that exists for charitable purposes almost certainly needs to get permission from the Attorney General's office. Groups that have assets... Read more »

1 Answer | Asked in Public Benefits and Business Law for California on
Q: What methods may a public benefit corporation in California use for member voting? Is in person plus mail in ok?

We need a quorum of 50% of members to pass a resolution. We may not have 50% available to vote in person. Is an email ballot to be mailed in and opened during the meeting sufficient?

Matthew Morris
Matthew Morris
answered on Jan 10, 2023

The law allows for voting by mail or email, but the question of whether a particular organization can take advantage of those methods depends on certain facts.

To start with "unless prohibited in the articles or bylaws, any action which may be taken at any regular or special meeting of...
Read more »

2 Answers | Asked in Business Formation and Business Law for California on
Q: LLC Formation for Real Estate Investment

I need to form an LLC to buy and operate a rental unit. Three members are brining 1/3 investment each. Can there a buy-out clause such that one member can be bought out a year or later when two other members can bring the capital equal to the initial investment of third member plus 6% annual... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq.
answered on Jan 1, 2023

yes, but with several issues ... management issues, capitalization protocols, any improvements ... and of course, valuation formula ... always best to schedule a few free consultation video calls with at least two law firms to discuss the options and strategies.

View More Answers

1 Answer | Asked in Business Law, Contracts and Landlord - Tenant for California on
Q: I had to close my SCorp at the end of October, 10 months shy of the end of the lease. Can I get sued by the landlord?

My business was destroyed by COVID. I got every grant and loan possible and spent every dime in the corporation but couldn't make it to the end of the 5 year lease. The landlord doesn't care, wants 12K for rent, taxes, etc. I'm not able to pay anything because I am unemployed (2... Read more »

Yelena Gurevich
Yelena Gurevich
answered on Dec 27, 2022

Yes. You can be used. Highly recommend you consult with a bankruptcy attorney that may be able to wipe out your liability.

1 Answer | Asked in Criminal Law, Personal Injury and Business Law for California on
Q: My neighbor stole the lumber he milled for me. $20000.00. Is there a way to get it back? The lumber or the $$?
Louis George Fazzi
Louis George Fazzi
answered on Dec 17, 2022

Contact a local attorney and retain their services. A good lawyer will help you recover all your damages as a result of the fraud that was perpetrated on you.

1 Answer | Asked in Business Formation, Business Law and Internet Law for California on
Q: What constitutes as the state in "doing business" for online business filing for a LLC? Owners in separate states too

I've read in some articles that the place to file an LLC is in the state you reside, even for online businesses. As you would need a foreign LLC to do business in the home state anyways if you filed out of state.

But what is the definition of "doing business"? Is it the... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Dec 17, 2022

Lawyers practice law so they can provide advice on questions just like this. Are you asking this question because you are only interested in LLCs, or do you need advice on how to set up an LLC and begin operating a business under one? This forum isn't here just to satisfy someone's... Read more »

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Traffic Tickets for California on
Q: How are traffic laws constitutional and not commercial? Can a human being invoke the the 4th and 5th amendment?

Traffic stops for common people are unconstitutional on its face. You cannot invoke the the 5th or 4th amendments. There has never been full disclosure of the taxes of personal cars operated for private use. If property can be seized for lack of funds does that not go against the due process... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Dec 17, 2022

Operating a motor vehicle on the public roads is privilege extended to persons with a use the public streets and highways. This means you must comply with the law as you are operating a motor vehicle, and when you violate the law you can be held responsible. If you are cited for a motor vehicle... Read more »

1 Answer | Asked in Business Law, Contracts and Employment Law for California on
Q: Can I sue my former startup for breach of contract and the liquidated damages that were caused?

I have 3 months to exercise options in a startup that I worked at, but I can't because I do not have the money (and I cannot take out a loan or borrow the money). Here's the catch, I am owed almost 6-figures in unpaid wages. My former boss refuses to pay all my wages at once as per state... Read more »

Brad S Kane
Brad S Kane
answered on Dec 7, 2022

You are entitled to your earned compensation within 24 hours of your termination. For each day late, you are entitled to an additional 1 day's up to a max of 30 days.

Since the employer owes you substantial wages, you should speak with a lawyer about offering to release a portion of...
Read more »

1 Answer | Asked in Products Liability, Business Law, Construction Law and Small Claims for California on
Q: If a contractor leaves equipment on a property, & someone moves the equipment, causing damage to the home, who's liable?

For instance, if the contractor had left a compact tractor on the property, and over a weekend when neither the homeowner or contractor were there, someone pushed the tractor into the siding on the home, causing damage, would the contractor be liable for the damaged siding since they were the one... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Nov 17, 2022

No, the person who moved the backhoe actually caused the damage, not the contractor who wasn't there.

1 Answer | Asked in Banking, Business Law and Civil Litigation for California on
Q: Can a retail bank, whose negligence enabled a fraudulent withdrawal from my account, be sued in small claims court?

An identity thief impersonating me was able to withdraw 8K from my account at a Chase Bank branch. The thief could pull off the ruse because he had my ATM card and he knew both my password and, equally important, the provision of Chase policy that caps 8K as the maximum sum withdrawable without ID.... Read more »

James R. Dickinson
James R. Dickinson
answered on Nov 16, 2022

More information is needed. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

2 Answers | Asked in Consumer Law and Business Law for California on
Q: Predatory Customer Threatening Small E-Commerce Business With Legal Action

Customer filed dozens of fraudulent damage complaints, filed disputes with PayPal and the BBB and broke our business terms of service so we banned them. One month later they created a new account on our e-commerce website using their wife's maiden name and repeated the process of placing... Read more »

Yelena Gurevich
Yelena Gurevich
answered on Nov 16, 2022

They can file a lawsuit (anyone can) but it doesn’t mean they will win. It’s not clear what they would sue you for (especially if you are refunding). You may need to consult with and have a business attorney on retainer as it’s just a smart thing to do for anyone who owns a business. A letter... Read more »

View More Answers

1 Answer | Asked in Business Law and Civil Litigation for California on
Q: Is building a case for someone to represent themself in small claims court illegal if you’re not a lawyer?
James R. Dickinson
James R. Dickinson
answered on Nov 15, 2022

Persons represent themselves in small claims court. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.