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?
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 »
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 »
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?
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 »
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?
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 »
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.]
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 »
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).
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 »
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 »
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 »
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.
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 »
answered on Sep 17, 2022
It may be considered false or deceptive advertising under California Business and Professions Code § 17200.
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?
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 »
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
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.
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.
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 »
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 »
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!
Door dash delivered alcohol on a daily basis for years to a severe alcoholic.
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... Read more »
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 »
answered on Jul 22, 2022
It depends on what the contract says about the deposit.
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 »
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 »
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 »
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.
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 »
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 »
Do I need a lawyer to help with a foreclosure
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
