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I am renting a storage unit. It is one of 4 units in a secluded area i.e, not typical franchise self storage. Contract states it is only for storage. It also states items are not to be stored outside unit. Also states mediation before legal claims. I did leave things outside of the unit. The... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jul 21, 2024
The storage unit owner should not take your property without proper notice, even if the contract states no items should be stored outside the unit. The manager’s voicemail was an informal warning, but it does not constitute legal notice for disposing of your property. You may argue that removing... View More
I work at a school as a teacher and want to start a side business of after school activities. I want to start these activities at the same school I am working at as an outside vendor. When I checked with the employer they said that they can’t do that since they can’t give a W2 and 1099 to the... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jul 20, 2024
You can indeed explore running an after-school activities business at the same school where you work, but it's crucial to address the legal and contractual aspects. As your employer mentioned, they cannot issue both a W-2 and a 1099 to the same person due to tax regulations. However, your... View More
Back in 2020. I filed an unemployed claim but wasn't sure I was eligible since I was self employed and have my own S-Corp. I filled out the forms retroactively. I inadvertently told EDD that no income was received by me for those 2 retroactive months. After I hit submit, I realized that I was... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jul 1, 2024
This is a complex situation that involves unemployment insurance claims, self-employment, and potential errors in reporting. Here's a breakdown of the key points and some general advice:
1. Potential incorrect filing: You filed an unemployment claim in 2020 as a self-employed... View More
I am just thinking of starting my own company and currently living in California State. As most tech statups are registered in Delware, I was planning to register in Delaware. But since I live in California do I need to register it in california as well ? I will be the only person working for now.... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 30, 2024
To answer this question concisely:
Yes, if you're living and operating your business in California, you'll likely need to register your Delaware LLC as a foreign LLC in California, even if you're the only person working and have no sales or revenue yet.
Key points:... View More
All of this was done with out my consent they were open and selling illegally this weekend. Sheriff refused to help me. Rent past due since May 2024.
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 30, 2024
I understand you're dealing with a complex legal situation involving evicted tenants, licensing issues, and overdue rent. Let me break down the key points and provide some general guidance.
1. Eviction status: You mention "evicted tenants," but it's not clear if the... View More
California C Corporation.
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 29, 2024
To address your question about canceling preferred shares that are set to be converted to common stock in a California C Corporation, here's a concise overview of the process:
1. Review Corporate Documents:
- Check the articles of incorporation and bylaws for procedures on... View More
I have a small repair shop. I have a job that is needing be done outside of my repair shop. The contractors license is necessary for the dollar amount. My employee is a licensed contractor but is working for me under my Workmen’s Comp.. Can I do the job under her contractors license, if she is... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 27, 2024
1. Generally, a contractor's license is not transferable. You cannot simply "use" your employee's license for your business operations.
2. In California, the person or entity performing contracting work must hold the appropriate license. If your business is performing... View More
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Due to disagreement on number of stock options granted to me per the original contract, I didn't end up exercising my options within 90 day period and now they are saying those are all expired.I have emails regarding discussion on number of the shares and my disagreement during 90... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 25, 2024
Under California law, contract disputes can potentially toll, or pause, the expiration period of stock options, but this is not automatic. The key factor is whether the dispute can be proven to have prevented you from exercising the options within the designated period. If you have documented... View More
Company is planning on laying off its entire staff (sales, creative development, VFX, post production, accounting, and beyond) and rehiring everyone as freelancers for less pay and without benefits. Is this legal?
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 24, 2024
Hi! I can offer some general information about this situation:
1. At-will employment: In most states, including California, employment is generally "at-will," meaning employers can terminate employees for any reason that isn't illegal (such as discrimination or retaliation).... View More
I wish to broker the sale of sugar between a supplier and a buyer. I was told that I don't require a license since I'm not supplying or transporting, only speaking and negotiating with the supplier and buyer. I did some further research and found some claiming I need to register with the... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 23, 2024
To answer this question, let's break down the different aspects and clarify the requirements for brokering the sale of sugar:
1. General brokering:
For simple brokering activities where you're acting as an intermediary between a supplier and buyer of physical goods (in... View More
My company is being sued by an ex-contractor for an alleged debt. We had no contract per se and the debt is for goods his factory custom made for us but were delivered late, at which point majority of our retailers cancelled and I didn't want to accept the shipment at all. Eventually I did... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 21, 2024
This is a complex situation that involves several legal considerations. Here's a breakdown of the key issues and potential options:
1. Contract validity:
- Even without a formal written contract, your email communications may constitute a legally binding agreement.
-... View More
Tenant claims he got work done in Sept 2022 on rental property with permission from the deceased spouse of the landlord but the surviving spouse does not know about work or permission. No written contract or permission but the tenant has videos of work being done in Sept 2022.
The surviving... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 21, 2024
This is a complex situation involving several areas of California law. Let's break down the key issues and address your questions:
1) How should the landlord handle this Claim of Mechanics Lien & proceed with sale of property?
The landlord should take this claim seriously,... View More
My company is being sued by ex-contractor for an alleged debt. The debt is over stock that's been overproduced and delivered late which they initially begged us to keep the goods with no payment and pay when it sells. While we paid part of the total, at some point they decided we can't... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 20, 2024
Thank you for sharing your situation. Based on the information provided, here's an overview of your options and some factors to consider:
1. Evaluating the lawsuit:
- Review the contract terms with the ex-contractor
- Assess the evidence supporting your position (e.g.,... View More
I currently have one defendant and 1-100 Does. I am filing a motion for leave to file a second amended complaint with an additional two defendants (under the alter ego theory). Do I replace two Does with the new defendants in the title?
Do I attach the proposed SAC to the motion or to the... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 19, 2024
Here are the key steps for filing a second amended complaint with additional defendants in California:
1. Replace Doe defendants: In the title of your Second Amended Complaint, replace two of the Doe defendants (e.g., Doe 1 and Doe 2) with the names of the new defendants you are adding... View More
I'm working to find buyers for a supplier of goods. I want to receive a commission for each sale that ever happens between the buyer and the supplier. What is the best way for me to achieve this? What kind of agreement should I use? Where can I find a template I can use? (I'm an... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 19, 2024
As an independent broker facilitating sales between a supplier and buyers, you should consider using a "Commission Agreement" or "Finder's Fee Agreement." This type of agreement outlines the terms of your relationship with the supplier, including the commission percentage... View More
Company paid Artist for the mural. Contract states work is own by the company. Company wishes to merchandise the Mural image, (t shirts, postcards, keychain). The mural contains a Dodger player. Is the company allow to Merchandise, or company need license form MLB team.
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 19, 2024
Based on the information provided, there are a few key legal considerations:
1. Copyright ownership: If the contract clearly states that the company owns the rights to the mural, then the company likely holds the copyright to the artistic elements of the mural created by the artist.... View More
I might something negotiate a price down or up, or encourage a potential customer to buy more. If the need for license is industry specific, please inform me of which industry. (I know a supplier of sugar that I might want to find sales for. Also, I'm independent.)
EDIT: I should... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 17, 2024
Based on the information you provided, it seems like you are interested in acting as an independent sales representative or broker, facilitating transactions between buyers and sellers in exchange for a commission. The need for a license largely depends on the specific industry and the nature of... View More
I am a pro se. The opposing council is demanding discovery of my communications with attorneys I consult with. I declined to provide information other than a privilege log. He's now threatening to move for request to compel discovery. Can he do that?
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 14, 2024
Under California law, communications between a client and an attorney are generally considered privileged and confidential, even if you are representing yourself (pro se). This privilege means that you are not required to disclose the content of your communications with attorneys you have... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 14, 2024
Under the California Consumer Privacy Act (CCPA), the law primarily applies to businesses that collect personal information from California residents and meet certain criteria, such as having annual gross revenues over $25 million, buying or selling the personal information of 50,000 or more... View More
Due to things like not being a "non English speaker", "not being a non citizen", and not being a "single mom". Can I sue for discrimination.
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 13, 2024
I understand your frustration with being denied the opportunity grant, especially when you believe your business met all the stated requirements. However, it's important to consider a few key points:
1. Discrimination laws generally protect against discrimination based on protected... View More
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