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California Business Law Questions & Answers

1 Answer | Asked in Business Law and Employment Law for California on

Q: We have to layoff our only empl because of finances, but she's on maternity leave... what's the best way to handle this?

We are essentially closing the company, leaving only our online/digital product offerings available and have let all contractors go. She is our only employee and we simply can't afford to keep her. I'm not sure the best way to do this to ensure we don't affect her paid family leave through the... Read more »

Pahoua C Lor answered on Aug 15, 2019

This is not an easy scenario. If the company is truly closing and you can't afford to keep her, your reason for letting her go seems justified or based on necessity. However, if there are still employees at the company (I mention this because you state that you are still maintaining... Read more »

1 Answer | Asked in Business Formation, Business Law and Civil Litigation for California on

Q: Is it legal for me to leave business cards on office building doors?

I'd like to hand out business flyers at individual office suites within an office building. Do I need the landlords or cities permission to do this? Can I leave business cards behind if the tenant is not present.

Tim Akpinar answered on Aug 14, 2019

Yes, it would be advisable to get the landlord's permission, identify yourself at the security desk, and obtain tenant's consent at their reception desk if you are given permission to go up to their floor or suite. Enhanced security protocols have made entering large office buildings more stringent... Read more »

1 Answer | Asked in Family Law, Business Law and Identity Theft for California on

Q: my deceased business partner's husband is using her phone and taking my business calls. is that legal?

William Jaksa answered on Aug 9, 2019

There are several interesting legal issues here. What was the partnership agreement's conditions on what happens in the event of a death? Was there any consideration given to whom your partner's share of the business will go to? Was their share to be assumed by their estate? Is he interfering with... Read more »

2 Answers | Asked in Business Formation and Business Law for California on

Q: If I am looking to start a business, but the name is taken on facebook and instagram but inactive, can that be trouble?

I am trying to start a business but the name is taken on instagram and facebook, but the accounts have not posted in years, and has under 100 followers on instagram and just 2 on facebook, can that lead to trouble?

Richard Michael Gee answered on Aug 6, 2019

It's possible that you may have an issue with the name. I'd probably look at the US Trademark database (uspto.gov) to see if anyone has filed a trademark for the name. If not, I'd check the database for your state's secretary of state and any fictitious business name (i.e., "doing business as" or... Read more »

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1 Answer | Asked in Business Formation, Business Law, Intellectual Property and Trademark for California on

Q: Can I withdraw from a partnership LLC but keep trademarks? Moving from CA to AZ.

I was a sole proprietor consultant and developed a software application, then got married. My then-spouse and I reorganized as a partnership LLC in CA. I don't think we have an operating agreement.

We are equal partners with his mom being a 2% partner, but I do all the actual work of the... Read more »

John Martin Hilla answered on Jul 30, 2019

If the application(s) for the trademarks' registration filed with the USPTO lists the LLC as owner, the LLC remains the owner regardless of your LLC's status, dissolved or otherwise.

The LLC will need to transfer ownership to you or your new entity. You should consult a California business...
Read more »

1 Answer | Asked in Business Law and Contracts for California on

Q: How can I find out what price my previous company sold for? They are telling me it was too low to activate my SARS.

I have Stock Appreciation Rights in my previous company that are still valid. If the company sold for more than $8 million, I should get some proceeds. They sold recently, but the CFO told me the sales price was too low to activate my SARS. I'm skeptical. Should I point blank, in writing, ask if... Read more »

Bruce Alexander Minnick answered on Jul 29, 2019

If you are a shareholder you are entitled to know.

1 Answer | Asked in Consumer Law, Criminal Law, Business Law and Small Claims for California on

Q: I'm currently trying to weigh my options. I have a private parking attendant targeting my vehicles for personal reasons.

My vehicle was towed Thursday my issue with this is they've tried towing my car while I'm in it, leaving other vehicles unticketed. I've now lost my vehicle (which was my residence) the sign states 7 days a week from 8am -11 pm however this week alone they've shown up twice and they are rarely if... Read more »

Dale S. Gribow answered on Jul 29, 2019

more info needed

you should call a lawyer in your area for their evaluation. Most criminal lawyers will provide a free consultation and possibly a civil lawyer will too.

I assume they are saying you are not parking but rather living in the car against some code section.

1 Answer | Asked in Business Law, Contracts and Real Estate Law for California on

Q: The contract signed electronically by both parties does not have the sellers legal name or correct initials. Is contrac

Is contract legal?

Robert Philip Cogan answered on Jul 19, 2019

As you will so often hear from attorneys on this forum, it is impossible to provide an answer regarding a contract sight unseen. However, the contract very well could be "legal." If you have any money at stake it might be penny wise and pound foolish to fail to consult an attorney.

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Medical Malpractice for California on

Q: I believe I was scammed for medical services. Do I have any recourse or is this just a lesson learned?

I just returned to the US from teaching abroad so I don’t have health insurance. It’s not open enrollment period. I got a job upon return but my benefits don’t start until after 90 day probation period. I needed to see a doctor prior to then. Made an appt at a women’s health clinic. Shortly... Read more »

Bruce Alexander Minnick answered on Jul 18, 2019

Go get your $300 back.

2 Answers | Asked in Business Law, Consumer Law and Personal Injury for California on

Q: Wrongful repossession a few months after we paid in full the lender including repo fees and repo company to recover it?

We defaulted a $2500 loan car was repossessed and we were given the opportunity to recover it. Pay in full the amount of loan, with the agreed interest, penalties, repo fees, etc... Also upon picking up our vehicle from the Auto auction where it was located have another $200+ dollars for an... Read more »

Daniel Timothy LeBel answered on Jul 13, 2019

Dear consumer,

More facts would be necessary to evaluate your situation. Filling in some of the blanks, it sounds like this lender failed to comply with California law which requires post repossession notice.

Further, under any states' laws, if you had already paid off the vehicle...
Read more »

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Q: If a patent is assigned to a company, would the inventor get royalties or just the company?

My father was involved in patents and was not sure if the family is entitled to anything from them.

Kevin E. Flynn answered on Jul 13, 2019

If your father was employed by a company and made inventions as part of his normal job duites, then the employer might consider your father fully paid in that he received his paycheck. As a paid to invent employee, the money paid by the company to your father would serve as consideration for the... Read more »

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1 Answer | Asked in Business Law, Contracts and Government Contracts for California on

Q: Won a Federal Government Purchase Order, Manufacturer not honoring their price quote they had provided us with initially

Hello, my firm won a Federal Government Purchase Order roughly $9k based on an initial quote received from a distributor of the goods who were in turn quoted by the manufacturer. Now that I have the PO on hand, manufacturer is not releasing the order because they are saying that they quoted the... Read more »

Bruce Alexander Minnick answered on Jul 11, 2019

Free practical advice offered for the last 41 years to people starting or operating small businesses:

The main difference between successful small businesses and those that fail within a relatively short period of time is good legal advice. The owners of most successful small businesses...
Read more »

1 Answer | Asked in Consumer Law, Business Law, Civil Rights and Landlord - Tenant for California on

Q: May rent paid late, adding $25, paid May & June on May 26. Didn’t pay $25 late fee. Can they charge another $25?

I paid May’s storage a few weeks late. Was charged $25 late fee. When I paid May, I also paid June. But since I still had that u paid $25 late fee, they charged me another $25 since I didn’t pay the $25. It’s a late fee for an unpaid late fee. Is that legal?

Louis George Fazzi answered on Jul 3, 2019

Without seeing the storage contract, and the history of your payments, it is impossible to determine whether you are being charged incorrectly or not. Find a local legal aid clinic and go there and ask one of their attorneys your questions. Make sure you take your storage contract so the exact... Read more »

1 Answer | Asked in Business Law, Consumer Law and Contracts for California on

Q: If a car rental company states guaranteed model, is there a definition of confidence in US law

William John Light answered on Jul 3, 2019

This doesn't make any sense. "[D]efinition of confidence"? Never heard of it. If you are asking whether you are entitled to the specific model of rental car, instead of a similar car within the same class of cars, it would depend on your contract. However, if the rental agency substituted a... Read more »

1 Answer | Asked in Business Formation and Business Law for California on

Q: How do I find a lawyer who I can trust when it comes to obtaining a Cannabis Retail Shop license?

I've done my research and most lawyers seem like they're just trying to rob you for your money instead of work on your behalf, I want someone who I can trust and not just ask for a ton of money especially if in the end I do not end up getting the license.

Jason Brooks answered on Jul 1, 2019

I work in conjunction with many cannabis attorneys who can help procure a license for you. Please email me at: Jason@altviewlawgroup.com so I learn more about what you're looking for and get you to the right person.

1 Answer | Asked in Business Formation, Business Law, Civil Rights and Constitutional Law for California on

Q: I'm trying to find out the laws for the manufacture and sale of nunchucks in San Diego, California

I would probably be selling them at street fairs or farmers markets if possible

Louis George Fazzi answered on Jun 24, 2019

I believe the right to manufacture and/or sell such items is strictly prohibited by state law in California. You will need to contact counsel in San Diego County to fully research the legality of the manufacturing or sale of such products before you undertake such an enterprise. Any law firm which... Read more »

1 Answer | Asked in Business Law and Contracts for California on

Q: Do I still have to pay a membership for a gym that already closed.

A gym I was a member of closed at the beginning of this year without warning. That gym also switched everyone who attended that gym to a different local gym. I’m now stuck paying a membership for a gym who I never signed any contract for. Is this legal?

Thomas A. Grossman answered on Jun 24, 2019

Unless you have a signed contract with the gym in question, I don't believe you have to pay for a gym membership. I would suggest not paying membership fees. I doubt they will try to sue you for it. Good Luck.

1 Answer | Asked in Business Law and Civil Litigation for California on

Q: Hello, quick question. Is BUSINESS AND PROFESSIONS CODE SECTION 21660-21669.1 a state code?

Thomas A. Grossman answered on Jun 24, 2019

To my knowledge, all of the codes in California are State (i.e. California) codes. The Code you referenced appears to be a section of the California Codes which references multiple State codes (i.e. 21660 through 21669.1). Hope that helps.

1 Answer | Asked in Business Law for California on

Q: If a tradesperson is working in your home and is not doing a job well and you ask them to fix it and they refuse unless

you pay them more money and you refuse to do so, and they then decide to just walk off the job and say " take this free and I am leaving now" and leave without any discussion, do you legally have to pay them for any work they did? There was no contract on either side.

Neil Pedersen answered on Jun 21, 2019

There is a concept known as quantum meruit that says that you have to pay the fair market value of valuable service provided to you, even if there is no contract. It is possible that the tradesperson could make such a claim if he can prove you ended up with something of value based on his efforts.... Read more »

2 Answers | Asked in Business Law, Contracts and Stockbroker Fraud for California on

Q: Is it legal to create contracts regarding loans to someone for the purpose to use that money to trade stocks?

If not, and a contract was made for that purpose. Let's say the loaner, loaned $5k and was promised back $10k.

Would the borrower still be obliged to give $10k

even though the contract is not legal?

Samuel B. Edwards answered on Jun 15, 2019

There is nothing inherently illegal or unenforceable for a contract concerning trading stocks. However, there are a lot more questions that would need to be answered in order to know for sure, including what state you are in. There may be a requirement for the person doing the investing to be a... Read more »

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