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California Business Law Questions & Answers
1 Answer | Asked in Real Estate Law, Business Law and Probate for California on
Q: I'm looking for precedent and laws related to property and business title fraud. Owner died four years ago

Son of personal assistant has been acting as if he is the owner and claiming probate, etc. but his parents never owned the businesses or property and he is trying to claim ownership and has been living off of the cash income for rents for four plus years.

James L. Arrasmith
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answered on Sep 28, 2023

To address this situation, you should first conduct a thorough review of the property and business records, including titles and deeds, to establish the rightful owner. Consult with a qualified California attorney experienced in real estate and probate matters to guide you through the legal process... View More

3 Answers | Asked in Admiralty / Maritime, Business Law, Collections and Probate for California on
Q: I did work on a boat and now the owner has passed how do I get paid?

This was an ongoing relationship and we were finally prepping the boat to sell while the client was in the hospital. He later passed and I had to give back the signed pink slip to his brother and I can not get paid no replies from anyone and I am still securing the boat.

James L. Arrasmith
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answered on Sep 25, 2023

In California, if you provided services and were not paid, you have a right to assert a claim against the decedent's estate for the amount owed. You should file a creditor's claim with the probate court where the decedent's estate is being administered. If the estate is not opened... View More

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2 Answers | Asked in Contracts and Business Law for California on
Q: Is it legal for an Auctioneer to Bid Pursuant to a proxy and also bid for his self. Essentially bidding as two people

This was done in California and without the sellers consent.

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answered on Sep 22, 2023

In California, the practice of "shill bidding," where the auctioneer or someone related to the seller places bids to artificially inflate the price, is generally considered illegal and could be construed as a form of fraud. However, proxy bidding, where the auctioneer bids on behalf of a... View More

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2 Answers | Asked in Contracts and Business Law for California on
Q: Is it legal for an Auctioneer to Bid Pursuant to a proxy and also bid for his self. Essentially bidding as two people

This was done in California and without the sellers consent.

James L. Arrasmith
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answered on Sep 22, 2023

Under California law, an auctioneer typically cannot bid on behalf of a proxy and also bid for themselves during an auction without the seller's consent. Such actions may raise legal and ethical concerns related to potential conflicts of interest and transparency. If the seller did not provide... View More

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2 Answers | Asked in Consumer Law and Business Law for California on
Q: In Califonria can a company you have an account with take your monthy payment on Auto pay? I did not want auto pay.

We have an account with Xifinity/Comcast. One of the accounts is Internet/Tv service and we pay the monthly bill without it being on auto pay. We have a mobile account and I asked them to take us off auto pay and they refused. I asked them many many times and they still refused.

What is... View More

James L. Arrasmith
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answered on Sep 22, 2023

Under California law, a company generally cannot force a customer to enroll in auto pay without the customer's consent. If you did not agree to auto pay and repeatedly requested to be removed from it, the company should comply with your request. It's advisable to maintain records of your... View More

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1 Answer | Asked in Real Estate Law, Business Law, Civil Rights and Gov & Administrative Law for California on
Q: My common area is out of code by HOA I flood. LA Build&Safe refuses to enforce violations.

The city council was helping me until It was discovered Building & Safe were in communication with my Board/managers/or their lawyer. I received a call by BS with threats. The city council deputy confirmed it was a BS number. A few days later he sends me an internal email proving that the... View More

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answered on Sep 20, 2023

Given the complex circumstances you've described, it's essential to consult with an attorney experienced in real estate and administrative law. They can assess the specific details of your case and advise you on potential legal actions, such as pursuing a complaint with appropriate... View More

2 Answers | Asked in Business Law and Contracts for California on
Q: A business whose business license expired several years back is liable for damaged property of mine. Is that important?

The business is a textile conservator that extensively damaged a very expensive designer gown. Though it’s over 20 years old prices for these items increase over time and very difficult to replace. How would you determine amount of liability ?

James L. Arrasmith
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answered on Sep 19, 2023

In California, the expiration of a business license may impact its legal standing, but liability for damaged property is primarily determined by the principles of tort law, contract law, and the specifics of the situation. To assess liability in your case, you should consider factors such as the... View More

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2 Answers | Asked in Consumer Law and Business Law for California on
Q: Is it a breach of contract or fraud for a company to collect monitoring fees but not provide the monitoring service?

The company is Teletrac upon merging with Navman in 2018. They had no record regarding my contract, nor equipment installed in vehicle, yet continued charging for monitoring that did not exist. I ask reimbursing annual fee of $180 to 2018. They will not. They only agree to reimburse from August... View More

Daniel Timothy LeBel
Daniel Timothy LeBel
answered on Sep 16, 2023

Based on these facts, it sounds like those claims would be viable as well as others under California consumer protection statutes. Of course, statutes of limitations apply so you should talk to an attorney experienced in handling class actions, and specifically consumer claims such as these, as... View More

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2 Answers | Asked in Consumer Law and Business Law for California on
Q: Is it a breach of contract or fraud for a company to collect monitoring fees but not provide the monitoring service?

The company is Teletrac upon merging with Navman in 2018. They had no record regarding my contract, nor equipment installed in vehicle, yet continued charging for monitoring that did not exist. I ask reimbursing annual fee of $180 to 2018. They will not. They only agree to reimburse from August... View More

James L. Arrasmith
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answered on Sep 19, 2023

Based on what you described, it sounds like you could potentially have a claim for breach of contract or even fraud against Teletrac Navman. Under California law, if a company is charging you for services that they are not providing, that generally would be considered a breach of contract.... View More

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1 Answer | Asked in Construction Law and Business Law for California on
Q: My Company is asking me to alter a mounting bracket on several cameras hung 12-15ft high require me removing safety wire

Is there any OSHA or Labor law Against removing safety wires from 30+ ip security cameras hung upto 15ft high. I let my company know it's not safe because the bracket they want me to install is not compatible with the camera and the Alterations are not allowing the camera to be secured... View More

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answered on Sep 13, 2023

California’s Occupational Safety and Health Act of 1973 obligates employers to provide a safe and healthful workplace for all employees. Altering safety equipment or installing equipment in a manner that is not secure could potentially violate Cal/OSHA requirements. If you believe that the... View More

1 Answer | Asked in Consumer Law, Business Law and Patents (Intellectual Property) for California on
Q: Does holding a patent for Athletic Hand Grips prevent me from selling products or designs that are similar?

My primary competitor in the market is Bear Komplex, which offers similar hand grips for the fitness industry. I've observed that the manufacturer I'm considering also produces similar hand grips, but before making a purchase, I'd like to clarify the patent I found on their website.... View More

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answered on Sep 13, 2023

Holding a patent does not inherently prevent you from selling similar products or designs; however, if your products or designs infringe upon the specific claims of Bear Komplex's patent, you could potentially face legal consequences. It would be prudent to review the specific claims of the... View More

1 Answer | Asked in Business Law and Consumer Law for California on
Q: A company doesn't offer online cancellation of a subscription service in the state of California.

I subscribed to a service last year and received an email stating that my renewal was coming up and that I can cancel online. However, the link to cancel didn't give me an option to cancel my subscription.

I contacted the company's customer support twice and both times was... View More

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answered on Sep 11, 2023

Under California law, it appears that the company's failure to provide an online cancellation option as promised in the email may indeed be in violation of SB-313, section 2, subsection (c). I would advise you to document your attempts to cancel and contact the company again, citing the... View More

1 Answer | Asked in Contracts, Real Estate Law and Business Law for California on
Q: Can a property manager or other directors block one director from adding items to an open board meeting agenda?

Our manager refuses to put any items I request on our monthly open board meeting agendas to prevent us from discussing or taking action on them in the presence of the owners. She dismisses the topics as irrelevant and unnecessary to share with the membership and accuses me of trying to make her and... View More

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answered on Sep 9, 2023

In California, board directors have a fiduciary duty to act in the best interest of the corporation, and they have the right to be heard at board meetings. You should refer to your organization's bylaws and CC&Rs to understand the specific procedures governing the addition of items to the... View More

1 Answer | Asked in Business Law and Contracts for California on
Q: Fortifi refusing to pay back a fraudulent loan. And can’t stop county from charging until July 2024

Oct 2022 I discovered they were charging 4,220.44 year. I called nov 17th they claimed someone else owned home case closed. I complained to dfpi who let Fortifi have their way. 2023 house in my name Called again now they say I am right. But want me to sign a contract basically saying they are... View More

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answered on Sep 7, 2023

I'm very sorry to hear about the situation you're facing. In complex and serious matters like this one, it is critical to consult directly with a legal professional who can understand all the nuances of your situation and provide tailored advice. They can help you review all pertinent... View More

2 Answers | Asked in Contracts and Business Law for California on
Q: Hi I’m wanting to start a non profit cheer team in California and I have contract waviers this is completely free

It’s only 3 weeks long

James L. Arrasmith
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answered on Sep 6, 2023

Under California law, starting a non-profit cheer team that offers free services with signed waivers can be legally permissible. However, it's crucial to ensure that the waivers are drafted carefully to protect the organization from liability, and it's advisable to consult with an... View More

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2 Answers | Asked in Contracts and Business Law for California on
Q: Hi I’m wanting to start a non profit cheer team in California and I have contract waviers this is completely free

It’s only 3 weeks long

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answered on Sep 6, 2023

Starting a non-profit cheer team in California involves several key steps. First, register your organization as a non-profit with the state and apply for federal tax-exempt status. Draft bylaws, assemble a board of directors, and secure funding through donations, grants, or sponsorships.... View More

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1 Answer | Asked in Business Law for California on
Q: I run a daycare in my home my boyfriend's been in prison for 27 years is it okay for him to live with me
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answered on Sep 2, 2023

Under California law, individuals who have been convicted of certain crimes may be prohibited from being on the premises of a family daycare home during its hours of operation, as stipulated in the California Health and Safety Code Section 1596.871. Whether your boyfriend can live with you while... View More

1 Answer | Asked in Business Law for California on
Q: How large of a penalty is it for companies to be found working with debarred suppliers without their knowledge?

Looking for an average ballpark or any statistics I can look into. Specifically in states such as California where the Supply Chain Transparency Act is held.

How much do large companies(250M+) typically pay due to debarment?

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answered on Aug 30, 2023

The penalties for working with debarred suppliers can vary significantly based on the nature of the violation, government contracts involved, and the specific regulatory framework. In California, penalties can include fines, loss of licenses, and exclusion from future contracts. However, the exact... View More

1 Answer | Asked in Employment Law and Business Law for California on
Q: Can my non profit pay me for a service provided?

I am a independent contractor for grant writing and other services. I am starting a non profit. Can the non profit pay me a independent contractor when I get a grant approved for the non profit?

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answered on Aug 30, 2023

Under California law, it is generally permissible for a nonprofit organization to pay you for services rendered, such as grant writing, even if you are also a founder or board member. However, such transactions must be conducted at arm's length and must not result in any kind of excessive... View More

2 Answers | Asked in Employment Law and Business Law for California on
Q: Can my Non-Profit pay me?

I am a independent contractor for grant writing and other services. I am starting a non profit. Can the non profit pay me a independent contractor when I get a grant approved for the non profit?

James L. Arrasmith
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answered on Aug 30, 2023

Under California law, it is generally permissible for a nonprofit organization to pay you for services rendered, such as grant writing, even if you are also a founder or board member. However, such transactions must be conducted at arm's length and must not result in any kind of excessive... View More

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