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California Business Law Questions & Answers
1 Answer | Asked in Business Law for California on
Q: Do I still own my artwork after gallery has possessed it for three years?

Hi, I had work in an art gallery for a show, and when the show was over the gallery owner asked me to leave one piece of work with him so that he could try to sell it. It has been about two and a half years now. I texted with him about getting it back about a year ago and he agreed we'd try to meet... Read more »

George W. Wolff Esq.
George W. Wolff Esq. answered on Dec 6, 2019

Perhaps, yes.

Was any of your agreement or understanding stated in writing, or via texts or emails?

If so, do you still have access to them?

2 Answers | Asked in Employment Law, Business Law and Construction Law for California on
Q: I work for a contractor and he's been waiting on payment from a corporation since June of 2019 . What is taking so long?

The contractor I work for was doing a job for a company called CFS Complete Facility Solutions. We did construction work for them at a Taco Bell. We completed the job and during that process. A corporation called Cushman and Wakefield bought CFS. The contract says they have 90 days to pay us and... Read more »

Neil Pedersen
Neil Pedersen answered on Dec 6, 2019

If you are an employee of this contractor, your employer cannot make you wait for your pay until a client pays. You are entitled to payment on regularly designated pay days.

As to why there is a delay, there could be any number of reasons and no one here can know that answer. There are...
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1 Answer | Asked in Business Law for California on
Q: I made a custom jewelry piece for a customer. He wants to cancel It but im charging labor fees. Can he sue?

I made a custom jewelry piece for a customer. He wants to cancel It but im charging labor fees, he said since It was 10 grams lighter he didn't want It, but it had an extra two carats of diamonds and he was still paying the same. He now wants to take legal action. Help?

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Dec 6, 2019

Interesting … I owned Jewelry stores for over 20 years … and sometimes this issue came up. As with any such agreement, with foreseeable and reasonable reliance upon the terms of the agreement, you are entitled to restitution for those costs & expenses that you cannot reasonably "return" to... Read more »

1 Answer | Asked in Business Law, Contracts, Employment Law and Mergers & Acquisitions for California on
Q: My company just merged. Does the new company that formed have to honor my contract ?

My contract states I will be provided a free health plan or stipend towards another plan. The newly formed company is not providing this and rates have gone up to over 2K a year. Does my new employer have to honor my contract if they are not firing me or providing a new contract for me to sign?... Read more »

Neil Pedersen
Neil Pedersen answered on Dec 4, 2019

Your post is not entirely clear about your relationship with this company, nor does the post have additional information needed to provide a clear, reliable answer. Assuming you are an employee, and not an independent contractor, when your employer sells to another company, such that you are now... Read more »

1 Answer | Asked in Business Law and Contracts for California on
Q: I contacted a business I like to ask if I can buy shares of their company.They emailed me back 2forms but I know diddly

How can I understand what these two forms are for and what I do with them? I don't want to ask the person that send them to me bcuz they'll know I have NO CLUE what I'm doing or what I'm getting into. I want to buy shares anyways and hopefully learn as I go without loosing out right away. Any help... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Dec 3, 2019

The first step is to set up the initial free consultation via video call with reviewing the documents on screen. You will want to "interview" at least three business attorneys who have both business ownership experience and expertise in such matters. Shawn Jackson - Business Development Attorney

2 Answers | Asked in Bankruptcy, Business Law, Civil Rights and Constitutional Law for California on
Q: Shay from Pro_Hydro Ihave a civil matter current with bribes over my head and want to run leins on commercial props.

Its State & Federal and its quadzillions well more but yah and from start of filing tell now with being served it's still going on so I thought leins to start asap Motel , Parking garage and cars and 2 check cashing stores

Timothy Denison
Timothy Denison answered on Nov 23, 2019

What is your question?

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1 Answer | Asked in Business Law, Civil Rights, Constitutional Law and Intellectual Property for California on
Q: Can I sue California for discrimination and unconstitutional gun laws?

The state gun laws do nothing for the law abiding citizen and make it easier on criminals to attack citizens. I feel discriminated against as a law abiding citizen. The people responsible for making every gun law don't have enough knowledge and experience with firearms. I've recently just found out... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 20, 2019

You can challenge a law as being unconstitutional if you have been concretely and particularly injured by the law. The interpretation of the Second Amendment is in question right now, and there is a great deal of litigation involving the interpretation and extent of the Amendment.

For a...
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2 Answers | Asked in Business Law, Employment Law and Communications Law for California on
Q: Some employees refuse to use company software - instant messaging - how can they be disciplined/forced to use it?

I have an instant messaging system on my office computers. Some users are logging out. We can’t fire them, but how can I set consequences for logging out or ignoring messages? What can I do to make the software so users can’t disconnect? Program is Synology Chat. Server is Windows.

Robert Philip Cogan
Robert Philip Cogan answered on Nov 20, 2019

There is a middle ground between firing people and letting them sabotage your system. An attorney can provide rules and procedures that can be set up and provided to employees. Rules can be enforced without firing people.

Firing employees who perform their tasks, except for the ones they...
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1 Answer | Asked in Business Law and Employment Law for California on
Q: I live in California. It is a well known secret that my general manager hires people that owe him money.Is this illegal

The manager is not an owner. It is a franchise restaurant.

Neil Pedersen
Neil Pedersen answered on Nov 19, 2019

No, there is nothing unlawful about an employer only hiring people who owes them money.

Good luck to you.

1 Answer | Asked in Consumer Law, Tax Law, Business Law and Energy, Oil and Gas for California on
Q: Can I sue California for gas prices being more expensive than other states?
D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 19, 2019

You can sue anyone for anything as long as you can get them served.

You're case will be summarily dismissed, probably for not stating a claim upon which relief may be granted.

You may be cited for filing a frivolous suit.

1 Answer | Asked in Business Law for California on
Q: Is It possible for a PC with a MD director and P.A., for an esthetician to hold shares through joint venture or other?
Robert Philip Cogan
Robert Philip Cogan answered on Nov 17, 2019

If you mean a medical practice PC, probably not. However, the question is unclear. What is it you want to do? Just mentioning "holding shares through a joint venture" does not give much of a hint about what legal solution might be appropriate.

1 Answer | Asked in Contracts and Business Law for California on
Q: My LLC has contract (signed in CA) w/ MX state agency to manage CA-based nonprofit. Contract says court jurisdiction =MX

CA-based nonprofit (MCEP) has not paid me $9000.00 for off-contract work, authrozied by CA-based MCEP (not Mexico-based IPAM), via PoA. Can I file suit to collect in CA, rather than Mexico? Looks like I cannot file in small claims court, because of my LLC, but in LA County Superior Court. But... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 10, 2019

California courts will generally enforce forum selection clauses if the contract has a reasonable connection to the forum. The bigger problem here that California doesn't have any power to enforce a judgment (jurisdiction) over a Mexican state agency.

1 Answer | Asked in Business Law, Civil Litigation and Contracts for California on
Q: I need to get out of time share contact, they haven't keep the stipulations on the contract. What kind of lawyer I need?

The company's name is Welk's resort.

Michael Hales
Michael Hales answered on Oct 30, 2019

I'm sorry that you're in this position. From what you've stated, it sounds like the timeshare company has breached some of their obligations under the contract. I would definitely recommend speaking with an attorney familiar with timeshares. If you and your attorney need any information, please... Read more »

1 Answer | Asked in Business Law and Consumer Law for California on
Q: I need to identify a list of dish Network SATV Installers names on a dissolved company location

I need to identify a list of dish Network SATV Installers names on allegro Discount Satellite company located at 20700 avalon blvd ste 310 Carson California 90746 on year 2002 to get their detailed satv purchases like what coax cable companies they use?

Robert Philip Cogan
Robert Philip Cogan answered on Oct 20, 2019

There does not not appear to be any legal issue raised by this question. There may be other places to seek information.

2 Answers | Asked in Copyright and Business Law for California on
Q: Instagram contents and merchandising.

I have an Instagram account to show semi celebrities’ caricatures. I am not doing anything with those artworks to make money myself, these are only to show on this SNS.

One day I had a chance to meet with one of the musicians I drew, and gave him a print out of his caricature I did and he... Read more »

Robert Philip Cogan
Robert Philip Cogan answered on Oct 20, 2019

It looks light he might have copied the drawing improperly. Responses could include anything from a nasty cease and desist letter to making a deal. Consulting an attorney could help you determine what action might have the best chance of making some money for you.

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1 Answer | Asked in Business Law, Contracts and Employment Law for California on
Q: I.C. property manager for Airbnb units and not been paid for 2 weeks. Business is shady. Do I have a claim?

I have been basically cleaning and doing check ins for Airbnb host for 8 months. Now they don't want to pay me the $1200 they owe me and keep giving me the run around.

Neil Pedersen
Neil Pedersen answered on Oct 17, 2019

If you have performed work for someone and have not been paid, yes, you have a legal claim. Whether that claim is based on you being an employee, or simply a contract breach claim is something that would have to be determined through more knowledge about your situation. At this point it would be... Read more »

1 Answer | Asked in Business Law and Contracts for California on
Q: I am trying to get a credit for hard costs incurred when a contracted freight company mishandled my product.

They refuse to offer any sort of compensation as well as require me to pay my freight bill above the hard costs I incurred and said I needed to take them to court. I'm trying to figure out what other options I have, and not sure how to find a lawyer, if I have a case, etc. I have submitted a... Read more »

Robert Philip Cogan
Robert Philip Cogan answered on Oct 15, 2019

You can take them to court. If your claim is up to $10,000 you can go to small claims court. The filing fee is low and lawyers do not take part. You can "Google" California Superior Court. The court website has tutorial information and guidance. It is a more direct to way go after money.

1 Answer | Asked in Business Law and Contracts for California on
Q: In 2006 I signed a Non-Compete in KS. I transferred thru promotion to CA with same company HQ in KS. Is it still valid?

After working for the company for a few years they required us to sign a non-compete. I was paid a small amount extra as consideration. In 2015 I got a promotion and they moved me to California. The company is headquartered in KS and I am employed in California. Does that invalidate the non-compete?

Kenneth Sisco
Kenneth Sisco answered on Oct 10, 2019

Obviously, the terms of the agreement, and the circumstances surrounding it, will be the biggest factors in evaluating its enforceability. However, non compete agreements, especially in California are difficult to enforce.

1 Answer | Asked in Contracts, Employment Law and Business Law for California on
Q: My comp. is providing outsourcing dev to a Delaware comp. active in CA.Does an NDA signed as an employee(I'm not) apply?

My company is an LLC & it operates in Europe / European Union.

Have a contract between the EU company & a US one for outsourced development & programming.

I also have signed an NDA / NCA, but for my name & as an employee of the US company (title: "Employee Confidentiality and... Read more »

Neil Pedersen
Neil Pedersen answered on Sep 27, 2019

You need to take your agreement to an attorney familiar with non-compete and non-disclosures to get specific confidential advice. There is no where near enough information in your post to provide you with much helpful guidance.

Generally a non-compete provision is unenforceable in...
Read more »

1 Answer | Asked in Business Law and International Law for California on
Q: Can an international airline expect you to pay international calling fees to access their 24/7 customer service?

I purchased a ticket with an international airline. I am based in the U.S and the airline is based in China. The airline has a 24 hour free cancelation policy. Their U.S customer service hotline is only open M-F. However, they have a 24/7 Chinese number hotline. Since I purchased my ticket on a... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 26, 2019

I'm not certain what consumer protections California law would provide here, and that's something a California attorney could advise you on in the best manner. But your question remains open for three weeks. If you pursued the matter in court, the legal fees and/or your time could exceed the amount... Read more »

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