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California Business Law Questions & Answers
1 Answer | Asked in Business Law for California on
Q: If i hire a person to create artwork for me can i take the image and create a nft to sell?

Does the artist retain intellectual property rights

Julie King
Julie King answered on May 20, 2022

The default in California is that the artist retains all rights. But you can enter into a contract with the artist in which you get the rights. It usually costs more, but that's how to do it.

1 Answer | Asked in Business Law for California on
Q: What to do if I have a business with my ex and they are destroying the business and doing Illegal things in the compan

Embezzlement, stopping me from doing my job and preventing me from access

Dan Rowan Cortright
Dan Rowan Cortright answered on May 11, 2022

Contact one of the lawyers on this site for a consultation. There are legal ways you can protect your business assets and sue for wrongful actions being taken against you/your company.

3 Answers | Asked in Business Law, Contracts and Tax Law for California on
Q: If I am helping a friend lease a business space for HIS business, do I need to report anything to the IRS on my end?

My friend is starting up a business, he’s doing good and now needs a shop to work. He does not have the credit to lease a place. He asked me to help him lease in exchange for 10% of earnings. What would I have to report to the IRS or does his total earnings affect me in any way? I am aware I’m... Read more »

Rogelio (Rod) B. Tuazon
Rogelio (Rod) B. Tuazon answered on May 6, 2022

Although not mandatory, I hope you have this agreement in writing. The 10% payment in exchange for co-signing a lease is considered in the broad definition of gross income. So, the short answer is yes, it must be reported to the IRS. Your friend may also have an obligation to issue you a 1099, so... Read more »

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1 Answer | Asked in Business Law for California on
Q: Does hiring a lawyer to create Privacy Policy benefit my company more than using an online Privacy Policy generator?

For example, can a company either user an online generator, or pick and choose and adjust existing language from similar companies in order to make a Privacy Policy that seemingly works for the company itself? Does hiring a lawyer to either sign-off on an existing Privacy Policy or generate a... Read more »

Joanne Belasco
Joanne Belasco answered on May 5, 2022

If you hire an attorney to either review one or to draft one for you, then you know it covers you appropriately. If you don't, there is always the chance that your document will miss an important legal clause or section that it needs to give you the protection you need. I know it costs more... Read more »

1 Answer | Asked in Business Law for California on
Q: If a covenant not to complete on an asset purchase agreement is incomplete and missing information is it binding?

Related to the sale of business. The information missing is the period of time the covenant covers. The purchase agreement lists the individuals, but is missing the period of coverage. Does that make it non binding or what is the default period of coverage if there's no amount of time listed.

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Apr 30, 2022

Generally speaking, the "period" of time will be partially determined by the allocation for that item in the purchase agreement, absent that notation, it will be a reasonable time, based in part, upon the total price paid and how the price was or should be allocated to the tangible and... Read more »

1 Answer | Asked in Business Law for California on
Q: If a NOP is set up for three years but have never filed with CA Attorney General but running its business. Legal or ill?

We would like to know if NpO has existed for three years ,but has not registered with AG for three years, but it has been taking donations and other activities (jot much formality or normal meeting records keeping as you may guessed) , we want to know the consequences if this not not registered... Read more »

Matthew Morris
Matthew Morris answered on Apr 30, 2022

There are a lot of issues here. If this were to come into my office, we would probably spend a lot of time just talking about the facts and history before giving any advice. And the advice would depend on whether I am speaking to an officer, board member, donor, member of the public, etc.... Read more »

1 Answer | Asked in Business Law for California on
Q: How to file dissolution of NPO (ELEC NP) form in person

Hi. On the cover sheet of filing this election of wind up and dissolve, it stated that one can file in person with$15 handling fees. Where do you go to hand it in in person? The PO box is in Sacramento. Do we have an office of SOS in Ventura or LA for in person filing ?

Matthew Morris
Matthew Morris answered on Apr 29, 2022

There is an office in Los Angeles, but the Secretary of State limits what items can be filed in person at that office. That office "distributes forms and informational materials" and will accept drop off of "corporation name reservation requests," "Articles of... Read more »

1 Answer | Asked in Business Law and Business Formation for California on
Q: I want to open a non-profit for my theatre but I'm not sure how to handle the sublease income on a separate floor.

I lease a 2 story building for a live theatre. The theatre occupies the 1st floor. I want to create a theatre non-profit.

The building has a 2nd floor. It's not part of the theatre. Sometimes the second floor is occupied through a sub-lease which is allowed in my lease, sometimes it... Read more »

Matthew Morris
Matthew Morris answered on Apr 21, 2022

This question raises many of the big issues that nonprofit attorneys work on. You definitely should talk to a local nonprofit lawyer because there are LOTS of issues lurking here.

Issue 1: Are you sure you should be a nonprofit? One thing that a lawyer for nonprofits will probably do here...
Read more »

1 Answer | Asked in Business Law for California on
Q: Small business credit say I’m prequalified then talk to me so rude and deny me any credit. Can I do something?

1 major loan company called me 3 times a day after they denied my new business credit to offer my business credit then they tell me I don’t qualify. The next day that same company that denied me over the phone sends me a very elaborate message that my business is qualified for 255k at 3.5% and... Read more »

Julie King
Julie King answered on Apr 20, 2022

Block their phone number on your cell phone and don't answer their calls on a work or other landline. They are obviously not professional. Be cautious about companies that say you are "pre-qualified for loans" because those ads almost always say, IN SMALL PRINT, there is no guarantee... Read more »

1 Answer | Asked in Business Law for California on
Q: I a NPO voting member I cannot find the article of in coproduction of this NPO online. Is AoC written by the founder

In my other question Matthew has said to go back to article of incorporation (AOC). I am a member with voting rights. AOC is not posted on NPO website. I researched in state web site and I don’t see it. Where can I find it? Is it possible they never has AOC? Isnt AOC provided by the state when... Read more »

Matthew Morris
Matthew Morris answered on Apr 20, 2022

Here are a couple ways to find a copy of the articles of incorporation. The most direct method is to demand to see them. Under California's nonprofit law, the organization is required to show them to you as a member. If there is a "principal office," they have to keep a copy at... Read more »

1 Answer | Asked in Business Law for California on
Q: A 501(c)(3) NPO with membership setup in April 2019. Till today there was no election of the board. Is the board legal?

Members requested the board to be elected and worked on writing up a bylaw on Mar 1, 2022. Board did no reply to election request. Then on Apr 5 out of blue published a bylaw, dated March 12, that will allow them stay in power forever. Is the board legal since they should have held election on... Read more »

Matthew Morris
Matthew Morris answered on Apr 19, 2022

This is a complex question, and there are a lot of variables that might affect the answer that a nonprofit lawyer would give you after looking at this deeply. Let me talk through some of the issues that seem to be at play here, but there might be other issues that are not obvious from the limits... Read more »

1 Answer | Asked in Business Law for California on
Q: I lost 100 % of my biz by my partner who forged my name what can I do
Dan Rowan Cortright
Dan Rowan Cortright answered on Apr 18, 2022

Do you have a partnership/LLC agreement signed by both parties setting forth that you were partners in the business? If so, your remedies should be criminal prosecution for forgery as well as a civil suit to recover what was stolen (converted) from you (e.g. your business assets/profits).

1 Answer | Asked in Consumer Law and Business Law for California on
Q: Hello, what if one major artist at a festival cancels and I really wanted to see that artist. Am I due a refund?

Kanye cancelled his Coachella performance. I want a refund because I really wanted to see him, but the ticket seller is refusing.

Maurice Mandel II
Maurice Mandel II answered on Apr 17, 2022

not likely. most tickets for these events state that the program line up may change. If it was a concert by one particular artist, maybe.

1 Answer | Asked in Consumer Law and Business Law for California on
Q: Is it legal to sell mock COVID-19 vaccination cards without official government seals?

According to the FBI, distributing "fake" COVID-19 vaccination cards is illegal because there are two official government seals in one of its corners. If an individual were to sell cards that closely resembled originals, except the cards did NOT have any government seals, would... Read more »

Maurice Mandel II
Maurice Mandel II answered on Apr 17, 2022

Yes, it is illegal to sell fake Covid 19 vaccination cards and you should be reporting the seller to the police or you could be considered an accessory to the crime.

1 Answer | Asked in Business Law and Civil Rights for California on
Q: Is it legal in California for a party to record your phone call without your permission

I received a letter from an attorney stating that my call was recorded in a Tesla And I needed to pay money or they were going to use the recorded calls against me

Dan Rowan Cortright
Dan Rowan Cortright answered on Apr 13, 2022

No, California is a two-party consent state, meaning that both parties to a conversation must give consent to have a call recorded. Some people record calls without the consent of both parties, and the result is that the call may not be used in evidence against the non-consenting party in a legal... Read more »

1 Answer | Asked in Business Law for California on
Q: ExBF mom asked to invest into my business. She gave me $75k June’21,I used it in Nov, business isn’t doing so well

It’s getting really bad now, I’m struggling & trying to fix, she’s calling & posting mean things on FB, texts. I need to know what can I do. Not trying to put her into the business losses but she’s Harassing me in which I do understand but I can’t focus I can’t sleep and I... Read more »

Dan Rowan Cortright
Dan Rowan Cortright answered on Apr 13, 2022

If she's' posting comments that are untrue on Facebook, you may have a defamation claim. There are also laws limiting how and when a creditor can contact you regarding outstanding debt. You can hire an attorney to send her a cease and desist letter.

1 Answer | Asked in Arbitration / Mediation Law, Business Law and Contracts for California on
Q: I am looking for assistance regarding my competitor impacting my small business in an unfair way

the competitor's business offers a completely different service than what mine offers, but secretly created advertisement to steal our clients and offer our services in their establishment without proper licensing. i need to bring this issue up to my landlord to address the conflict of... Read more »

Dan Rowan Cortright
Dan Rowan Cortright answered on Apr 5, 2022

I don't see a question in here, however, unless you have an agreement not to compete you don't likely have a claim against a competitor business. If you have proof that the other business is lying in its advertising, you may have a false advertising/unfair business practices claim.

1 Answer | Asked in Business Law for California on
Q: Hello i own a business(boutique)under a apartment complex and water leaked threw the roof damaging clothing who at fault

Yes the landlord owns both apartments and store location which I rent out and the apartments above are different renters

Julie King
Julie King answered on Mar 30, 2022

Read your lease agreement because that is the contract between your landlord and you as to who is responsible for what. In most cases, but not all, the landlord is responsible for the physical building and the tenant is responsible for all the contents within the building. If you have renter’s... Read more »

1 Answer | Asked in Consumer Law and Business Law for California on
Q: Can a store charge you a restocking fee if item has not been delivered because they keep changing the ETA

and you cancel the order?

Scott Richard Kaufman
Scott Richard Kaufman answered on Mar 17, 2022

Generally, I'd say that not a lawful move. You may want to see all agreements you signed or signed off on and have them send their written policy on this to you and where you can find it in the contract and/or online...

1 Answer | Asked in Business Law and Employment Law for California on
Q: Company is telling my vesting date for RSUs is not my work anniversary but a month later but the contract says otherwise

I started on April 12th, 2021, and signed an offer letter to vest on the first anniversary Due to low stock price the company decided to grant us RSUs. The amendment states the RSUs shall be vest upon the first anniversary of your employment date. However, the company is telling me I will not vest... Read more »

Neil Pedersen
Neil Pedersen answered on Mar 10, 2022

It would be extremely reckless for any attorney on an internet Q&A site to give you specific advice about how to proceed related to a written contract. The contract and the other circumstances of its making must be understood to give such an opinion. If you need an answer to this, you will... Read more »

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