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California Business Law Questions & Answers
1 Answer | Asked in Employment Law and Business Law for California on
Q: Can Registered Nurses work as an independent contractor “1099” through staffing agencies?

There are staffing companies issuing 1099 to Registered Nurses who want to pick up shifts at different hospital? Is this even Legal due to the inability to pass the ABC test for independent contractor?

James R. Dickinson
James R. Dickinson
answered on Sep 27, 2022

This hypothetical raises questions regarding the nature of the relationship between the nurse and the staffing agency likely more than the relationship between the nurse and the hospital the staffing agency contracts with. There are a limited and qualified exemptions to AB 5- speak with a local... Read more »

2 Answers | Asked in Contracts, Business Law and Civil Litigation for California on
Q: Advice to sue Production company used our space without location release, caused criminal damage and harm to reputation
James R. Dickinson
James R. Dickinson
answered on Sep 27, 2022

More information is needed, but you could have a good case against the "production company." Speak with a local attorney regarding your options. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You... Read more »

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2 Answers | Asked in Banking, Business Formation and Business Law for California on
Q: I just started a non-profit LLC company so what are the next steps in legally keeping my company in good standing?

Beginning of this month I filed my articles of incorporation and today the Secretary of State of California approved the articles of incorporation and I am unsure what to do next?

James R. Dickinson
James R. Dickinson
answered on Sep 23, 2022

There are transactional attorneys who help set-up businesses. I have a friend who I refer people to, as I'm a litigator. [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... Read more »

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2 Answers | Asked in Banking, Business Formation and Business Law for California on
Q: I just started a non-profit LLC company so what are the next steps in legally keeping my company in good standing?

Beginning of this month I filed my articles of incorporation and today the Secretary of State of California approved the articles of incorporation and I am unsure what to do next?

Matthew Morris
Matthew Morris
answered on Sep 24, 2022

Congratulations on starting your nonprofit. You have chosen an unusual path by using the LLC formation method. One of the first things you will likely want to do is to file a "statement of information" with the Secretary of State -- usually within about 90 days from when you filed your... Read more »

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1 Answer | Asked in Business Formation and Business Law for California on
Q: is neutrogena makeup remover wipes pack of 2 patented?
James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

Likely so and, if not, the formula is no doubt kept secret. [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 Appeals / Appellate Law, Arbitration / Mediation Law and Business Law for California on
Q: Is an oral settlement agreement resulting from an MSC enforceable in California? 664 should not hold, correct?

During a settlement conference I had a momentary lapse of judgment and agreed with what my lawyer was telling me (to settle my case). He actually tricked me and then blamed me for not communicating with him (lie). At the end of the day the judge went back to the other party and they accepted our... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Sep 19, 2022

If the settlement was not put in writing, signed by both parties, and you made clear to the judge that you did not in fact agree to the settlement number the other side agreed to, then there is no enforceable settlement (i.e. no meeting of the minds with regard to the terms of the settlement).

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2 Answers | Asked in Appeals / Appellate Law, Arbitration / Mediation Law and Business Law for California on
Q: Is an oral settlement agreement resulting from an MSC enforceable in California? 664 should not hold, correct?

During a settlement conference I had a momentary lapse of judgment and agreed with what my lawyer was telling me (to settle my case). He actually tricked me and then blamed me for not communicating with him (lie). At the end of the day the judge went back to the other party and they accepted our... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 20, 2022

It depends. I've had judges state the parties have reached an agreement, and put the terms of the agreement on the record and in the minutes. Even when this has happened, it was stated the parties would sign a settlement agreement memorializing what had been agreed to. Speak with a local... Read more »

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1 Answer | Asked in Business Law, Civil Litigation and Contracts for California on
Q: Can a tow yard keep my leined car and remove parts or stereo equipment? ?

The car was impounded despite having a moving permit insurance and a failed smog certificate, the tow yard insisted that I could not remove aftermarket stereo that I personally installed which is detachable and not mounted to the vehicle and offered to sell back to me. They removed it. The tow... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Sep 17, 2022

Likely not. Towing laws are fairly strict and you should have the right to get your personal items out of the vehicle, including aftermarket items.

1 Answer | Asked in Consumer Law, Business Law and Internet Law for California on
Q: Hello I am wondering if a lawsuit can be brought against yahoo for strong arming customers into their prem tech suppt.

I called yahoo today about an issue with receiving an email from TIKTOC. I had no trouble getting in my emails on my cell phone or desktop computer at all and use it daily. After speaking to the Agent I was logged out on all devices to my yahoo account then told I had to reset the password. An old... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Sep 17, 2022

It may be considered false or deceptive advertising under California Business and Professions Code § 17200.

1 Answer | Asked in Business Law for California on
Q: What is code 1502

Hi we are running small church for Wthiopian community and we received a letter that we should submit some form by October 22,2022 along with a check of $243

We are new to USA system and have no idea what this means. We are non revenue church but not business. What shall we do?

Matthew Morris
Matthew Morris
answered on Sep 14, 2022

Even though your church is not a business, in California it was probably organized as a "Religious Corporation" under the California nonprofit corporations law. Corporations in California, even churches, are required to file a "Statement of Information" with the California... Read more »

1 Answer | Asked in Business Law for California on
Q: I issued a PO with 30% deposit and 70% net 20 payment term. I canceled the order, am I entitled to the deposit refund?

The order was issued to a US manufacturer, manufacturing goods overseas; I canceled the order one month prior to delivery because there were some delays and I didn’t feel the manufacturer would be able to deliver on time. Can I ask them to refund the deposit I made? We are both corporations

Dan Rowan Cortright
Dan Rowan Cortright
answered on Sep 12, 2022

It depends on the language of the Purchase Order or other sales contract between you and what rights to cancel is set forth therein.

1 Answer | Asked in Contracts, Business Law and Business Formation for California on
Q: I'm starting 1099 consultant biz. Do most consultants charge travel time from my office to their office for auditing?
Neil Pedersen
Neil Pedersen
answered on Sep 6, 2022

The answer you seek will have to come from studying industry standards for the kind of consulting you will be doing. As an IC you have the right to charge whatever you wish, and in many industries, contractors charge for travel to and from worksites.

Good luck to you.

1 Answer | Asked in Business Law and Contracts for California on
Q: I am a 1099 consulting contractor. Is it proper to add a surcharge or "handling" fee to any travel expenses I pay for?

On the other hand, would you just invoice a customer and give them the receipts to the penny for reimbursement?

To be ethnical (if able to charge the fee) would a 1099 biz- would I just total an amount including the surcharge and ask for reimburse i.e. Portland office visit $1,500 OR would... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq.
answered on Sep 6, 2022

A couple of initial questions ... [1] how have you addressed this question in your written agreement for services? [2] How have you thought about your customer relationship services in noting exactly what you do and the associated charges? Feel free to reach out to several attorneys to schedule... Read more »

1 Answer | Asked in Business Formation, Business Law and Tax Law for California on
Q: Can I register a for profit business at a property owned by non profit religious organization?
Julie King
Julie King
answered on Aug 30, 2022

I'm sorry to say, your question doesn't make sense. Businesses are registered with the state, not registered at a property. Perhaps you can try asking your question again, but give the lawyers more information about what you need. Sorry about that!

1 Answer | Asked in Consumer Law and Business Law for California on
Q: Is Doordash responsible for repeatedly serving alcohol to an intoxicated person on a daily basis?

Door dash delivered alcohol on a daily basis for years to a severe alcoholic.

William John Light
William John Light
answered on Aug 27, 2022

No. ". . .furnishing of alcoholic beverages is not the proximate cause of injuries resulting from intoxication, but rather the consumption of alcoholic beverages is the proximate cause of injuries inflicted upon another by an intoxicated person."

Civil Code section 1714...
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1 Answer | Asked in Contracts and Business Law for California on
Q: Seller insists that he keeps the deposit after we decided to withdraw with business purchase due to unforeseen issues.

We made an offer to a convenience store.

We started the process with a Escrow company. The purchase includes transferring of current seller’s alcohol license.

In the signed contract, $10,000 was put as a deposit. Escrow company will release full amount once ABC application is set... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Jul 22, 2022

It depends on what the contract says about the deposit.

1 Answer | Asked in Contracts, Business Formation and Business Law for California on
Q: A verbal agreement was made to be 50/50 business partners which include expenses/work load. Other party didn’t uphold

Other party did not uphold end as far as expenses and working business hours. Within 45 days of opening We have decided to part ways but now they are asking for double their investment which was about 15 percent of expenses to open the business. What are they entitled to. There is no written... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq.
answered on Jul 20, 2022

This will be hopefully resolved in four initial steps: [1] engage an attorney/mediator to assist the parties in working toward a resolution in one or two video calls with all parties - there are a few law firms that will offer this service for free ... [2] if mediation does not work, then to engage... Read more »

1 Answer | Asked in Employment Law and Business Law for California on
Q: I am a server at a restaurant in California. We have a tip pool system in place. Can the owners participate?

The owners act as managers as well as wait staff for the restaurant. They take tables, and contribute to the tip pool, as well as receive a cut of the tips at the end of the night. On some nights they are 2/3rds of the servers on duty. Are they allowed to keep tips even when they are the majority... Read more »

Brad S Kane
Brad S Kane
answered on Jul 10, 2022

Yes, owners and managers can participate in tips as long as they are actively part of the chain of service.

1 Answer | Asked in Business Law, Civil Litigation, Consumer Law and Criminal Law for California on
Q: Can a dealership sell a motorcycle on consignment that has an invalid, or voided, title?

I purchased a used motorcycle with cash from a dealership who claimed they were selling it on consignment. They gave me a title that had signatures already on it (as if it wasn't ever transfered last time it was sold) and the keys. I figured as long as i have the title im good but When I went... Read more »

Leon Bayer
Leon Bayer
answered on Jun 28, 2022

Yep. You got scammed. I suggest you tell the dealership that they have 24 hours to refund your money or else you will file a complaint against their dealership license with the State of California. In addition to filing the complaint, you can also file against the dealer in the local small claims... Read more »

4 Answers | Asked in Banking, Bankruptcy, Business Law and Contracts for California on
Q: Do I need a bankruptcy lawyer

Do I need a lawyer to help with a foreclosure

Tristan Brown
PREMIUM
Tristan Brown
answered on Jun 24, 2022

Whether you’re a landlord or tenant in the foreclosure process, it is advisable to consult a lawyer. The foreclosure process can be complex and you may need adequate legal representation to guide you along the way.

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