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California Business Law Questions & Answers
3 Answers | Asked in Business Law for California on
Q: Does a direct cremation business in California need a funeral establishment license . I have third party crematory

I have third party crematory and service performing removals . I will have an virtual office .

Pavel Kolmogorov
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answered on Jan 14, 2025

A funeral establishment license is generally required for businesses that perform services related to the disposition of human remains. This includes arranging for cremations, even if you are not directly performing the cremation but are coordinating it with a third-party provider.

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2 Answers | Asked in Tax Law and Business Law for California on
Q: I owe $3k to FTB. not working, cant pay or make payments. s corp for real estate commissions only. single person scorp

scorp has been suspended. I want to completely terminate the scorp, but all fees must be paid to do this. FTB is threatening legal action against the s corp. what happens if they proceed? am I personally liable in any way? I only own a couple cheap cars. no real estate. no $ in bank. all credit... View More

Pavel Kolmogorov
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answered on Jan 14, 2025

The S corp is a separate legal entity, so its debts typically belong to the corporation. Since your S corp is suspended and likely has minimal to no assets, FTB might find it challenging to collect on the debt through typical means. However, legal actions can complicate the process of formally... View More

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2 Answers | Asked in Business Law and Contracts for California on
Q: The Agreement shall be governed laws of Texas, tried in Miami, FL. The contract was signed in LA, Can it be tried in LA?

I signed a contract that states "Controlling Law and Jurisdiction. This Agreement shall be governed by the laws of Texas and the United States, without regard to the conflicts of laws provisions thereof. Unless waived by Company (which it may do in its sole discretion), the exclusive... View More

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answered on Jan 14, 2025

The language in your contract (“The Agreement shall be governed by the laws of Texas,” and “the exclusive jurisdiction and venue of any action … shall be the State and Federal courts located in Miami-Dade County”) typically means that if a dispute arises, it should be heard in Miami-Dade... View More

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3 Answers | Asked in Contracts, Business Formation and Business Law for California on
Q: My business partner is involved in all decision making, but won't own shares. What business contract is appropriate? LP?

I own a game on the popular gaming platform Roblox.com. A 3D modeler from Brazil has reached out with interests to join me under the provisions of a 10-year partnership contract. Details: the modeler will be involved in all decision making (like in General partnership agreements), but CANNOT own... View More

Pavel Kolmogorov
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answered on Jan 13, 2025

Choosing the proper structure depends on multiple factors, including liability concerns, taxation, and how much control each party has. A Limited Partnership (LP) requires at least one general partner, who manages the business and bears personal liability, and one or more limited partners, who... View More

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3 Answers | Asked in Contracts, Business Formation and Business Law for California on
Q: My business partner is involved in all decision making, but won't own shares. What business contract is appropriate? LP?

I own a game on the popular gaming platform Roblox.com. A 3D modeler from Brazil has reached out with interests to join me under the provisions of a 10-year partnership contract. Details: the modeler will be involved in all decision making (like in General partnership agreements), but CANNOT own... View More

Jennifer Newton
Jennifer Newton
answered on Jan 14, 2025

While a Limited Partnership (LP) could be one option, other legal structures or customized contracts, such as a profit-sharing agreement, independent contractor agreement, or hybrid partnership agreement, may better suit your needs. The final decision will depend on several factors, including your... View More

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2 Answers | Asked in Business Law, Civil Litigation, Copyright, Criminal Law and Intellectual Property for California on
Q: Are the notes you write down in the notes app on iPhones considered public information? Let’s say a developer

for example- he wrote the code for a smart contract that lets you buy and sell and store energy in a decentralized environment that connects all Tesla vehicles then a couple weeks later the guy is watching YouTube and comes across a video that talks about how Elon musk has been secretly working on... View More

Pavel Kolmogorov
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answered on Jan 10, 2025

Notes stored in the Notes app on an iPhone are not considered public information. They are typically protected by the phone's passcode and the user's iCloud account security. The situation you described raises concerns about the potential misappropriation of intellectual property, but it... View More

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3 Answers | Asked in Consumer Law, Contracts, Business Law and Civil Litigation for California on
Q: Hired a tax firm that claims to help consumers reduce IRS debt for flat fee. They didn't reduce or save us anything.

They first advised we owed the IRS about $50k and tried to get more money from or they would stop working on our case. At end we now owe about $90k to IRS. They didn't reduce anything and debt increased. Is there any legal action I can take besides filing compaints with CFPB or FTC?

Pavel Kolmogorov
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answered on Jan 9, 2025

Yes, you may have legal recourse beyond filing complaints with the CFPB or FTC. Potential claims may include breach of contract, fraud, and violations of consumer protection statutes. If the tax firm failed to provide the services promised under your agreement, you likely have a breach of contract... View More

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2 Answers | Asked in Business Law and International Law for California on
Q: I wanted to start selling goods from Sweden to the U.S.A, like candy and nicotine patches. Do I need permits or anything

Candy and Nicotine Patches

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answered on Jan 10, 2025

Both candy and nicotine patches will require compliance with U.S. import regulations, which may include obtaining permits from the U.S. Customs and Border Protection (CBP) and making sure that all products meet the relevant FDA standards. Additionally, you may need to comply with state-specific... View More

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3 Answers | Asked in Consumer Law and Business Law for California on
Q: Can I get a refund if seller does not deliver service and has no refund policy?

I paid for subscription for an online tool with a start date in future. The future has come. Now it's time for the seller (an LLC) to activate my paid subscription, but it doesn't look like they are going to for whatever reason.

I paid by credit card, but I cannot dispute the... View More

Pavel Kolmogorov
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answered on Jan 8, 2025

Many online purchases involve click-through or link-based terms, where users implicitly agree by selecting an “I Agree” button or accessing a link that contains the terms. Even if you didn’t physically sign anything, there may have been a provision establishing consent to the agreement when... View More

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3 Answers | Asked in Employment Law and Business Law for California on
Q: I was changed from hourly to salary, with a verbal notice and a number emailed to me. Is this legal? I have not agreed

I have not agreed to anything. I emailed my “bosses” expressing concern about the terms. I was kicked up to the regional manager and had a few email exchanges expressing confusion and concern. He essentially emailed me new terms, which I still never agreed to, and left it at that. I’d like... View More

Maya L. Serkova
Maya L. Serkova
answered on Jan 7, 2025

In California, all employees are considered at-will unless there is a contract to the contrary. At-will employment means the employer may change the terms of your employment including the classification. However, to be properly classified as an exempt employee you must be paid at least double the... View More

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2 Answers | Asked in Business Law for California on
Q: Am i responsible for a shipping container that was stolen off of my property?

i am a 3rd party logistics warehouse and had a container stolen off my property. My customer has a freight forwarder who takes care of all things regarding getting the container to me and back to the port. the freight forwarder rents a chassis to transport the container to us. now that it was... View More

Pavel Kolmogorov
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answered on Jan 7, 2025

The answer depends on whether you had a legal duty—often framed under bailment or warehouse liability principles—to safeguard the container and chassis. In California, a bailment exists when one party entrusts property to another under an implied or express understanding of safekeeping. If no... View More

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2 Answers | Asked in Contracts, Copyright, Business Law and Intellectual Property for California on
Q: If Hulu is using footage I own do they owe me compensation?
Pavel Kolmogorov
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answered on Jan 7, 2025

It depends on whether you truly own the copyright to the footage and whether Hulu has any authorization or defense for using it. Under federal law, the copyright owner generally holds exclusive rights to reproduce, distribute, and publicly display their work (17 U.S.C. § 106). If Hulu is using... View More

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3 Answers | Asked in Business Law, Civil Rights, Communications Law and Gov & Administrative Law for California on
Q: can the city of Antioch, CA send me junk mail on official city of Antioch letterhead for a private insurance company?

received a letter from the city of Antioch, ca with my personal information in it, offering me an insurance service that is not applicable to my property. looks to be mailed with and packaged with public funds. seems like it should be illegal for the city to use public fund to solicit for a private... View More

Pavel Kolmogorov
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answered on Jan 6, 2025

It’s uncommon for a municipality to use official letterhead to promote a private insurance service, and California law imposes restrictions on using public resources for private or personal gain. Specifically, Government Code § 8314 prohibits public officials from using public funds or resources... View More

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3 Answers | Asked in Business Law, Civil Rights, Communications Law and Gov & Administrative Law for California on
Q: can the city of Antioch, CA send me junk mail on official city of Antioch letterhead for a private insurance company?

received a letter from the city of Antioch, ca with my personal information in it, offering me an insurance service that is not applicable to my property. looks to be mailed with and packaged with public funds. seems like it should be illegal for the city to use public fund to solicit for a private... View More

Louis George Fazzi
Louis George Fazzi
answered on Jan 7, 2025

I love questions which begin with "can" so and so do this or that to me.

Since they've obviously done it, proving that they can, the question becomes, "is what they did to me legal"?

I love Pavel's response, and encourage you to follow his advice,...
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2 Answers | Asked in Business Law and Contracts for California on
Q: Can my Independent Contractor Agreement be imbedded in my CRM software as an acknowledgement or do I need a signature?

The independent contractors are Real Estate agents.

Pavel Kolmogorov
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answered on Jan 6, 2025

You can incorporate your Independent Contractor Agreement into your CRM system, provided you adhere to electronic signature regulations. To ensure the agreement is legally enforceable, secure clear consent from your real estate agent contractors by adding straightforward "I Agree" options... View More

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2 Answers | Asked in Employment Law and Business Law for California on
Q: Labor law questions. I Got Served a notice for missed payments and missed overtime. But I'm the new owner as of 2 years

I bought the restaurant 2 years ago and old employees working here sued the previous owner but the motive has my name on it. I made new corporation and I don't know the plaintiff.

Brad S Kane
Brad S Kane
answered on Dec 27, 2024

Check your agreement with the prior owner, the prior owner should be required to defend and indemnify you for claims that arose prior to the purchase.

If purchased the assets only and not the business, you may have a defense there.

Further, you will need to hire a lawyer to defend...
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2 Answers | Asked in Business Law for California on
Q: How to formally move an existing DE corporation entity (qualified to do business in CA) to another existing CA LLC?

I reside and do business only in California, but the corporation that I registered back then was a Delaware corporation owned 100% by myself, which I occasionally do business with (and file tax as S-corp). Each year, I have to pay the DE franchise tax as well as the CA franchise business tax. How... View More

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answered on Dec 24, 2024

Here are a few general options to consider for moving a Delaware corporation to a California LLC:

Statutory Conversion:

Delaware and California both have statutes on conversions, but cross-state/cross-entity conversions can be more complex. You’d typically file paperwork in...
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2 Answers | Asked in Business Law for California on
Q: In California is there a law that a seller must provide to buyer a disclosure during purchase agreement for business ?

In contract to purchase a business doesn’t a seller have to provide a disclosure

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answered on Dec 23, 2024

California doesn’t impose a single, blanket requirement for sellers to issue a formal disclosure statement in every business sale. However, depending on the nature of the deal, various state laws may require certain disclosures:

Real Property Involvement:

If the sale includes real...
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2 Answers | Asked in Business Law, Landlord - Tenant and Gov & Administrative Law for California on
Q: Does a keymaster arcade game be considered a vending machine?

The lease for our business at a mall states "Vending machines are not allowed in the retail selling area of the store".

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answered on Dec 20, 2024

A keymaster arcade game may not be considered a vending machine under California law. According to Bus. & Prof.Code § 17571, a "vending machine" is defined as any mechanical device that operates by the insertion of a coin or other thing of value and dispenses a product, service, or... View More

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3 Answers | Asked in Business Formation, Business Law and Contracts for California on
Q: Business model legality and company formation?

I have a mobile app that shares sports betting predictions. there is no gambling in my mobile app. only predictions of the results of sports matches are shared only by me. users see these predictions as paid subscribers. for example the result of the LA lakers vs Boston Celtics NBA game, Boston... View More

Pavel Kolmogorov
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answered on Dec 19, 2024

The business model described, which involves sharing sports betting predictions and odds without facilitating actual betting or linking to gambling sites, may not fall under the definition of gambling in many jurisdictions. However, the legality can vary significantly by state.

In...
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