Lawyers, Answer Questions  & Get Points Log In
California Business Law Questions & Answers
1 Answer | Asked in Business Law, Contracts and Employment Law for California on
Q: I.C. property manager for Airbnb units and not been paid for 2 weeks. Business is shady. Do I have a claim?

I have been basically cleaning and doing check ins for Airbnb host for 8 months. Now they don't want to pay me the $1200 they owe me and keep giving me the run around.

Neil Pedersen
Neil Pedersen answered on Oct 17, 2019

If you have performed work for someone and have not been paid, yes, you have a legal claim. Whether that claim is based on you being an employee, or simply a contract breach claim is something that would have to be determined through more knowledge about your situation. At this point it would be... Read more »

1 Answer | Asked in Business Law and Contracts for California on
Q: I am trying to get a credit for hard costs incurred when a contracted freight company mishandled my product.

They refuse to offer any sort of compensation as well as require me to pay my freight bill above the hard costs I incurred and said I needed to take them to court. I'm trying to figure out what other options I have, and not sure how to find a lawyer, if I have a case, etc. I have submitted a... Read more »

Robert Philip Cogan
Robert Philip Cogan answered on Oct 15, 2019

You can take them to court. If your claim is up to $10,000 you can go to small claims court. The filing fee is low and lawyers do not take part. You can "Google" California Superior Court. The court website has tutorial information and guidance. It is a more direct to way go after money.

1 Answer | Asked in Business Law and Contracts for California on
Q: In 2006 I signed a Non-Compete in KS. I transferred thru promotion to CA with same company HQ in KS. Is it still valid?

After working for the company for a few years they required us to sign a non-compete. I was paid a small amount extra as consideration. In 2015 I got a promotion and they moved me to California. The company is headquartered in KS and I am employed in California. Does that invalidate the non-compete?

Kenneth Sisco
Kenneth Sisco answered on Oct 10, 2019

Obviously, the terms of the agreement, and the circumstances surrounding it, will be the biggest factors in evaluating its enforceability. However, non compete agreements, especially in California are difficult to enforce.

1 Answer | Asked in Contracts, Employment Law and Business Law for California on
Q: My comp. is providing outsourcing dev to a Delaware comp. active in CA.Does an NDA signed as an employee(I'm not) apply?

My company is an LLC & it operates in Europe / European Union.

Have a contract between the EU company & a US one for outsourced development & programming.

I also have signed an NDA / NCA, but for my name & as an employee of the US company (title: "Employee Confidentiality and... Read more »

Neil Pedersen
Neil Pedersen answered on Sep 27, 2019

You need to take your agreement to an attorney familiar with non-compete and non-disclosures to get specific confidential advice. There is no where near enough information in your post to provide you with much helpful guidance.

Generally a non-compete provision is unenforceable in...
Read more »

1 Answer | Asked in Business Law and International Law for California on
Q: Can an international airline expect you to pay international calling fees to access their 24/7 customer service?

I purchased a ticket with an international airline. I am based in the U.S and the airline is based in China. The airline has a 24 hour free cancelation policy. Their U.S customer service hotline is only open M-F. However, they have a 24/7 Chinese number hotline. Since I purchased my ticket on a... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 26, 2019

I'm not certain what consumer protections California law would provide here, and that's something a California attorney could advise you on in the best manner. But your question remains open for three weeks. If you pursued the matter in court, the legal fees and/or your time could exceed the amount... Read more »

2 Answers | Asked in Contracts, Business Law, Collections and Intellectual Property for California on
Q: I invested in a UK company, then the founder moved to the US and re-formed without notifying me.

I invested in a UK company. The founder claimed that he was shutting down the company. Next thing I know, he goes to the US and restarts the company. Now the company is successful and is operating strongly in the US. Do I have any grounds for a lawsuit? He did not give me any compensation, new... Read more »

Robert Philip Cogan
Robert Philip Cogan answered on Sep 16, 2019

It might be possible to bring an action against the founder. The facts must be examined by an attorney to see if they support bringing an action in the United States rather than in the UK. The facts must be examined to see if the founder committed any improper activities. The range of possibilities... Read more »

View More Answers

1 Answer | Asked in Business Law and Intellectual Property for California on
Q: If I report a trademark infringer to customs can that person/company sue me? I own the trademark.

I filed a protest with the USPTO to stop their application. The USPTO accepted it but gave them 6 months to file arguments why they should be able to obtain the trademark. I also mailed them a Cease and Desist letter. They’ve ignored both and continue to sell their goods in the US.

I... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 10, 2019

That is the challenge of property ownership. Just like you need to maintain your car, fill it with gas, obey the laws, etc. you have to do that with intellectual property.

You need a good analysis to make sure you have a basis for all your actions.

Consult an attorney.

2 Answers | Asked in Banking, Business Law and Contracts for California on
Q: Hello, I started a company to export bulk physical commodities. Is assistance available on a per transaction basis?

The above mentioned transactions are large. Trade Credit Insurance is needed to finance supply chain, shipping etc. The contracts are in need of legal overview.

Is there legal assistance for these large transactions on a per transaction basis?

Kenneth Sisco
Kenneth Sisco answered on Sep 10, 2019

Frankly, I would be surprised to find an attorney who is interested in transactional work, who works on an hourly fee basis, who would not jump at the chance to take work on a contract by contract basis.

View More Answers

2 Answers | Asked in Tax Law and Business Law for California on
Q: My husband and I have an s-corp in CA and we are the only officers in our s-corp.

Are our medical expenses considered business expense and can be deductible for the s-corp?

Jeffrey Anton Collins
Jeffrey Anton Collins answered on Sep 9, 2019

I agree with Attorney Blackburn that the premiums may be deducted. The expenses may be deductible as compensation to the recipient. However, this is not advised because they become subject to payroll taxes at both the company and individual level. This treatment may be more helpful when there are... Read more »

View More Answers

1 Answer | Asked in Business Law and Contracts for California on
Q: Is it not required for a “software upgrade” to be at least compatible with the files of the previous version(s).

If a Company A has an agreement with its clients that it can bring about a software upgrade in its software any time during the use of the software by the clients, and that the clients would, in such a case, be obligated to comply with the upgrade; would it is right to call such a modified software... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 28, 2019

This is not a legal question.

1 Answer | Asked in Business Law and Probate for California on
Q: Is there a law against issuing stock to new board member after death of director

The deceased directors stock shares are in probate not awarded yet. Would I be committing theft if I diluted her shares by issuing unissued shares to a new appointee?

Nina Whitehurst
Nina Whitehurst answered on Aug 26, 2019

There is no way to answer that question without reviewing the corporate documents including articles of incorporation, bylaws, private or public offering documents and any shareholders agreement(s).

1 Answer | Asked in Business Law and Probate for California on
Q: Is there a law against appointing anew board member to replace a deceased one in my CCorp whileher stock is in probate?

According to my bylaws I am allowed to replace her vacancy. But I am wondering if there is a law against that in California given the fact that her shares of stock are currently going to be transferred in ownership in Probate.

James Edward Berge
James Edward Berge answered on Aug 26, 2019

There's nothing to prohibit a shareholder vote to replace a director who is deceased, but keep in mind that the executor for the estate gets to vote the shares for the deceased shareholder in that election absent a binding voting agreement among shareholders.

4 Answers | Asked in Bankruptcy, Consumer Law, Foreclosure and Business Law for California on
Q: Sold gas station due to bankruptcy but lawyer may be taking advantage of a senior citizen. What to do?

My dad sold his gas station about a year ago (as it was in bankruptcy). He had to go through the court system to negotiate a deal with the buyer and was asked to pay a portion of the funds to lenders to pay off debt owed. He would still be left over with a good amount of money (close to $70k+). To... Read more »

Bahram Madaen
Bahram Madaen answered on Aug 26, 2019

Please contact the State Bar and file a complaint.

View More Answers

1 Answer | Asked in Business Law and Probate for California on
Q: my 50 50 partner in a c corp passed away in may with no will. should I appoint a new board member or not? can I ?
Richard Samuel Price
Richard Samuel Price answered on Aug 21, 2019

You'll have to review the bylaws and/or the shareholder agreement for any clauses of what would happen if a shareholder dies. If the bylaws and/or shareholder agreement are silent on the issue, then California law applies, which is complex. You should contact an attorney near you for advice.

1 Answer | Asked in Probate, Business Law and Estate Planning for California on
Q: my 50 50 partner in a c corp passed away in may with no will. her stock shares are going to probate.

in probate, will they simply give away her shares of stock? or will they also valuate the company and demand a payment be made to the new shareholder? he is not a director, manager or majority shareholder in the company.

Bill Sweeney
Bill Sweeney answered on Aug 20, 2019

If valued over $150,000, the share ownership will likely be probated and the shares will likely be distributed to the intestate heirs. You should retain competent counsel to review your situation, including any agreements between the shareholders regarding death of a shareholder.

1 Answer | Asked in Business Law and Employment Law for California on
Q: We have to layoff our only empl because of finances, but she's on maternity leave... what's the best way to handle this?

We are essentially closing the company, leaving only our online/digital product offerings available and have let all contractors go. She is our only employee and we simply can't afford to keep her. I'm not sure the best way to do this to ensure we don't affect her paid family leave through the... Read more »

Pahoua C Lor
Pahoua C Lor answered on Aug 15, 2019

This is not an easy scenario. If the company is truly closing and you can't afford to keep her, your reason for letting her go seems justified or based on necessity. However, if there are still employees at the company (I mention this because you state that you are still maintaining... Read more »

1 Answer | Asked in Business Formation, Business Law and Civil Litigation for California on
Q: Is it legal for me to leave business cards on office building doors?

I'd like to hand out business flyers at individual office suites within an office building. Do I need the landlords or cities permission to do this? Can I leave business cards behind if the tenant is not present.

Tim Akpinar
Tim Akpinar answered on Aug 14, 2019

Yes, it would be advisable to get the landlord's permission, identify yourself at the security desk, and obtain tenant's consent at their reception desk if you are given permission to go up to their floor or suite. Enhanced security protocols have made entering large office buildings more stringent... Read more »

1 Answer | Asked in Family Law, Business Law and Identity Theft for California on
Q: my deceased business partner's husband is using her phone and taking my business calls. is that legal?
William Jaksa
William Jaksa answered on Aug 9, 2019

There are several interesting legal issues here. What was the partnership agreement's conditions on what happens in the event of a death? Was there any consideration given to whom your partner's share of the business will go to? Was their share to be assumed by their estate? Is he interfering with... Read more »

2 Answers | Asked in Business Formation and Business Law for California on
Q: If I am looking to start a business, but the name is taken on facebook and instagram but inactive, can that be trouble?

I am trying to start a business but the name is taken on instagram and facebook, but the accounts have not posted in years, and has under 100 followers on instagram and just 2 on facebook, can that lead to trouble?

Richard Michael Gee
Richard Michael Gee answered on Aug 6, 2019

It's possible that you may have an issue with the name. I'd probably look at the US Trademark database (uspto.gov) to see if anyone has filed a trademark for the name. If not, I'd check the database for your state's secretary of state and any fictitious business name (i.e., "doing business as" or... Read more »

View More Answers

1 Answer | Asked in Business Formation, Business Law, Intellectual Property and Trademark for California on
Q: Can I withdraw from a partnership LLC but keep trademarks? Moving from CA to AZ.

I was a sole proprietor consultant and developed a software application, then got married. My then-spouse and I reorganized as a partnership LLC in CA. I don't think we have an operating agreement.

We are equal partners with his mom being a 2% partner, but I do all the actual work of the... Read more »

John Martin Hilla
John Martin Hilla answered on Jul 30, 2019

If the application(s) for the trademarks' registration filed with the USPTO lists the LLC as owner, the LLC remains the owner regardless of your LLC's status, dissolved or otherwise.

The LLC will need to transfer ownership to you or your new entity. You should consult a California business...
Read more »

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.