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California Business Law Questions & Answers
1 Answer | Asked in Consumer Law and Business Law for California on
Q: I ordered an item online, then cancelled the order. The order was delivered to me, and my money was also refunded.

Can I keep it... with out getting in trouble legally?

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Oct 17, 2021

... or you could do the "right thing" ... make a decision as to whether you want the item or not ... and notify the company ... and either pay for it or return it ... many companies are struggling

1 Answer | Asked in Business Law for California on
Q: What is the law about paying someone their final paycheck when they resign? I am in California

I resigned from my job at UCSD after 11 years, last day was 10/7. I am being told I will not get my final paycheck until 10/27 which will include my PTO payout. I thought the law was they have to pay you out immediately. I called HR and was told they don’t follow that rule, is that legal? If... Read more »

Julie King
Julie King answered on Oct 12, 2021

No, it is not legal. If an employee doesn’t have a written employment contract for a certain period of time (i.e., a one year term) and voluntarily quits her job:

(1) If the employee gave at least 72 hours’ prior notice of that she will be quitting, the employee must be paid her final...
Read more »

2 Answers | Asked in Business Law for California on
Q: business paid half for work i had contract for 2 years ago they are coming back and wanting that money back

had contract, got half money, bought equipment, head guy died project put on hold two years later nothing now they want the money back.

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Oct 7, 2021

As you might imagine, the answer will rest in any written agreements ... any written email, text communications ... and/or other currently missing information ... the next step is for you to schedule a free initial video call or telephone call ... for further discussion ...

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2 Answers | Asked in Business Law for California on
Q: business paid half for work i had contract for 2 years ago they are coming back and wanting that money back

had contract, got half money, bought equipment, head guy died project put on hold two years later nothing now they want the money back.

Jonathon Maddox
Jonathon Maddox answered on Oct 8, 2021

As my colleague has stated, it would depend on what the contract that you signed actually says. Generally there's a clause or two about who takes responsibility for the project being put on hold, or how to handle the contract if something happens, (like the "head guy dying"). If... Read more »

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2 Answers | Asked in Business Formation and Business Law for California on
Q: Once a corporation has been formed can shares of stock not be issued, and if so who owns the corporation?

Once a corporation is duly incorporated, who owns the corporation if no shares of stock have been issued, and can ownership change simply by issuing the majority of shares to and officer (say CEO) of the corporation without that officer having to pay for them?

Doug Bend
Doug Bend answered on Sep 17, 2021

You could change the ownership of the corporation by issuing shares to an officer of the corporation. To do so, I recommend that you have a stock purchase agreement, a Board consent authorizing the issuance of the shares and submit a 25102(f) securities filing for the issuance of the shares.

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1 Answer | Asked in Business Law, Civil Litigation, Construction Law and Small Claims for California on
Q: I did some concrete work for a contractor and he says the home owner is refusing to pay. How do I get my money ?

Contractor says I need to file a lien on the homeowner but I’m not sure who is responsible when generally I’d be paid by the contractor.

James A. Greer
James A. Greer answered on Aug 27, 2021

Dear Unpaid Subcontractor: Your options for getting paid are two-fold: (A) a breach of contract claim against the General Contractor and/or (B) a mechanic's lien processing against the Homeowner. Clearly, you are not "required" to pursue the Homeowner (as intimated by the GC)... Read more »

2 Answers | Asked in Business Law, Contracts and Intellectual Property for California on
Q: If a consulting contract was breached by the client seriously, do I need a ruling to determine it is material?

A client five years ago not only breached a contract by refusing to pay a significant portion of invoices, but also failed to honor several terms such as patenting the work himself without credit or consideration, was destructive to several professional relationships, caused distress, and more.... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 14, 2021

Check statute of limitations.

Depending on how long the contract has been paused, that may be a termination of the contract.

Consult with an attorney.

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1 Answer | Asked in Business Law, Contracts and Intellectual Property for California on
Q: Should I respond to an old client who had not paid invoices and just resurfaced offering to pay? Or best via a lawyer?

This was a startup company. The president was a very difficult scheming person to deal with. He paid the majority of my invoices to him early but later on in the relationship did not, and when I ceased work irately criticized me. He claimed he did not have the money to pay me but paid patent... Read more »

Yelena Gurevich
Yelena Gurevich answered on Aug 14, 2021

You say it's 5 years later. in California, you have 4 years to enforce (i.e. sue on) a breach of written contract. Since you did not sue him within the statute of limitations, you have no legal way to collect. So if he's offering to pay you, take the money and run. You can spend money... Read more »

1 Answer | Asked in Business Law, Copyright and Trademark for California on
Q: hi. you have a case belongs to Bristol-Myers Squibb & Gilead Sciences regarding the trademark of ARIVITY, right?

hi. you have a case belongs to Bristol-Myers Squibb & Gilead Sciences regarding the trademark of ARIVITY, right?

i own a domain name that makes the ownership stronger which is www.arivity.com

if you or your client interested in that let me know.

because usually... Read more »

Omar Darwich
Omar Darwich answered on Aug 10, 2021

Im not sure I understand the question.

Was this individual reaching out to you to sell the domain name?

1 Answer | Asked in Business Law, Contracts and Collections for California on
Q: I am a consulting engineer and have a client with a nearly 40000 debt. We have a contract but he isn't paying. Input?

This person has paid about 40% of multiple other invoices over multiple years of off and on consulting from 2016-2019. His payments became less frequent and consistent. He repeatedly promises to pay then does not. This debt is under a contract and is now about two years old. I have attempted... Read more »

Leon Bayer
Leon Bayer answered on Aug 6, 2021

You need to decide, right now, if this justifies the expense of hiring a lawyer. Time is your enemy. The longer you wait you might lose the right to sue. Go see a lawyer or 2 and see what you will need to spend, and discuss whether a judgment in your favor will be collectable.

1 Answer | Asked in Tax Law, Business Formation and Business Law for California on
Q: Hello, I am planning to found my own consulting firm. Should it be a LLC or sole proprietor?

Hello, I am planning to found my own consulting firm. I am helping startups in the US and EU with public policy, grant strategy, fundraising and business partnerships. Should it be a LLC or sole proprietor? Which one will be better for tax-wise?

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Aug 6, 2021

The answer depends upon three initial focus points: [1] your exposure to liability ... [2] your desired management structure and [3] how you would like to see ownership and succession. The next step for you would be to schedule at least two free initial calls with attorneys of your choice ... by... Read more »

1 Answer | Asked in Personal Injury and Business Law for California on
Q: I need help suing a business that has been harassing me. Which area of law is it?

There is a business that is improperly treating the premises on which they work and disobeying simply given instructions and being evasive and uncooperative both in general and when trying to get a copy of the Terms of Use, client agreements, and other basic legal paperwork, and they refuse to... Read more »

Dale S. Gribow
Dale S. Gribow answered on Aug 5, 2021

you need a business litigation lawyer........

however, they normally don't handle cases like this on a contingency.............

soooo, you will have to come up with a retainer in all likelihood..

1 Answer | Asked in Consumer Law and Business Law for California on
Q: I sell herbs online for ritual and ceremonial purposes. Can I be held liable if someone consumes or misuses product?

Some herbs are toxic and labeled not for human consumption, however, I’ve discovered that clients are actually consuming them. I’ve labeled them as deadly toxic. The herbs in question are belladonna and sacred datura.

Leon Bayer
Leon Bayer answered on Jul 31, 2021

You are really asking for trouble. You already know that people are misusing the poisons that you are selling. You even admit it!

It is highly likely that anyone injured from your product will sue you, even if they did not follow or read the warnings on your package. Suppose a child who...
Read more »

1 Answer | Asked in Personal Injury, Business Law and Civil Rights for California on
Q: Should I include motion to serve statement of damages in my motion to serve summons and complaint by alternative method

I am a plaintiff in pro per in a civil lawsuit in California and defendants have being evading service of process.

I sued the corporations and its owners individually as I intend to lift the corporate veil to hold them personally liable.

First they dissolved the company in May 2019... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Jul 22, 2021

There are many reasons why you would need to serve a Statement of Damages. It's not easy to answer your question in this forum without more information but I suggest that if one is required then you might as well serve it without the complaint.

1 Answer | Asked in Business Formation and Business Law for California on
Q: At what point must I have a business license?

I am a website designer normally employed full time but since Covid I have been considering starting my own business. I would offers website design, graphic design, logo design and creation, marketing and social media management as well as ongoing site maintenance and management. Before I fully... Read more »

Julie King
Julie King answered on Jul 12, 2021

Once you market yourself to the world, you are in business and should have a business license. Check the websites of your city and your county to learn the requirements that apply to your jurisdiction. If you are working out of your home, your city and/or county may require a home-based business... Read more »

1 Answer | Asked in Consumer Law, Business Law and Small Claims for California on
Q: Does a car dealer have to put a lien on a car to repossess it? Will a judge likely grant the lien if the "deficiency"

is not paying for a "inspection" costing $1820 that the dealer slipped onto the contract without itemizing.

Yelena Gurevich
Yelena Gurevich answered on Jul 6, 2021

if the vehicle is financed, whoever the finance company is (and it could be the dealer) can repossess without a court order if there is reason to repossess

1 Answer | Asked in Business Law, Civil Rights, Gov & Administrative Law and Internet Law for California on
Q: Can the president of an HOA prevent a board member from engaging residents on social media? Which law supports this?

I found some protections for members of legislative bodies in the Gov code (Chapter 9. Meetings [54952.2], but those pertain to public entities and our HOA is a private nonprofit corporation.... Read more »

Louis George Fazzi
Louis George Fazzi answered on May 27, 2021

The 1st Amendment of the U.S. Constitution protects the freedom of speech. It is also protected by the California Constitution in Article 1, section 2 which states: "SEC. 2. (a) Every person may freely speak, write and publish his or her sentiments on all subjects, being responsible for the... Read more »

1 Answer | Asked in Business Law for California on
Q: im choosing a buisness name but was unsure of a few things do to it being similar to another name..

the name im choosing is [farcries LLC] but theres also a farcries entertainment LLC. was wondering if there will be any problems or consequences with the name im choosing

Julie King
Julie King answered on May 26, 2021

That name should be OK because it is distinguishable from the other company's name. Just having the same word in a company's name (farcries) is normally not enough to cause the Secretary of State to reject someone's Articles. The name needs to be different enough that a person on the... Read more »

1 Answer | Asked in Consumer Law, Real Estate Law and Business Law for California on
Q: is it legal for a storage company to change the locks on my storage uso they can access my storage at any time
Julie King
Julie King answered on May 17, 2021

I don't know of any specific law saying that is the case. However, the more likely scenario is that there is a term in the contract you signed when you rented the space. Read your contract or, if you need assistance doing so, hire an attorney in your area to read and interpret the contract for... Read more »

1 Answer | Asked in Business Law, Contracts and Entertainment / Sports for California on
Q: Do I need an entertainment lawyer or a business lawyer?

I have a lot of intellectual property claims I would like to file.

I have businesses I would like to create.

I would like to know the legalities of them.

I want to find someone who is willing to work for a percentage.

Julie King
Julie King answered on May 17, 2021

You would be best served hiring a law firm that has both intellectual property attorneys and business attorneys. If your business involves entertainment, then you may need an entertainment lawyer as well. But most business questions can be answered by a business attorney. Best wishes.

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