California Business Law Questions & Answers

Q: If an item pawned ends up having been reported stolen,but u don't find out til after u go to pay the pawn. The rightful

1 Answer | Asked in Business Law, Consumer Law and Contracts for California on
Answered on Apr 23, 2019
Bruce Alexander Minnick's answer
Whoever pawned a stolen item is sure to lose the item when the police find out where it is. If the item was reclaimed from the pawn shop before the police came to get it, they will probably go get it from whoever reclaimed it. In short, it makes no sense to pawn any item that you suspect has been stolen. The pawn shops have to keep accurate records.

Q: As a owner of a private business,Can the side walk venders set up on my property?

1 Answer | Asked in Real Estate Law, Business Formation, Business Law and Landlord - Tenant for California on
Answered on Apr 22, 2019
Thomas A. Grossman's answer
It is my understanding that sidewalks in front of stores are open to the public. However, if someone is operating a business right in front of your business, and is blocking the sidewalk or simply being annoying, I think you can report it to the City or even call an officer to remove the offending business.

Q: surplus funds due to be collected.Some attorney lied said i hire her but i dont know this person.I havent seen contract

2 Answers | Asked in Business Law, Consumer Law and Legal Malpractice for California on
Answered on Apr 18, 2019
Scott Richard Kaufman's answer
You may want to WRITE to this person to see what is up?

Most (honest) attorneys will respond swiftly with an explanation.

Failure to respond timely may show s/he knows they did

something wrong. Then you may take it to the next level, like

opening up a BAR inquiry?

Q: Cancelling a lease agreement.

1 Answer | Asked in Business Law, Contracts, Real Estate Law and Landlord - Tenant for California on
Answered on Apr 15, 2019
Bruce Alexander Minnick's answer
FYI, this is a free online legal forum established to allow members of the public to ask general legal questions to experienced lawyers who volunteer their valuable time to do so. Your important small business question should be directed to your business lawyer. If you have not consulted or retained a business lawyer you are encouraged to do so--before you make mistakes adversely affecting the future of your valuable small business.

Q: Are we required to register as a business in the state of California?

1 Answer | Asked in Employment Law, Business Formation and Business Law for California on
Answered on Apr 3, 2019
Kenneth Sisco's answer
Given the facts stated, I believe there is little question that the law requires you to qualify to do business in California. While I do not recommend that anyone breaks the law or even ignores it, it is important to note that the major sanction for failing to qualify, is that you will not be permitted to make use of our Court System.

If the state discovers you are doing business, they can force you to comply or cease and desist. If you fail to comply you could face problems....

Q: I took a title loan out on my car in December 2018. My car was registered in Florida and

1 Answer | Asked in Consumer Law, Contracts and Business Law for California on
Answered on Apr 1, 2019
Bruce Alexander Minnick's answer
The title loan company wants to register their lien on the title to your car so that you cannot sell the car without paying off their lien first. Think carefully about what you should do next.

Q: I am in the framing business. How long do we have to keep completed orders that haven't been picked up?

1 Answer | Asked in Business Law for California on
Answered on Mar 30, 2019
Thomas A. Grossman's answer
When you said you were in the "framing business," I assumed you meant house framing. I now understand that you frame works of art. I think that, because you have a disclaimer at the end of your invoices as to the length of time you must hold onto those invoices (and/or the artwork), you should make one last call to each of your clients that are either owed money or owe you money. Give them two weeks to respond. If they don't, I would donate the art to a charity. Depending on many pieces we...

Q: I’m interested in changing the cosmetic appearance of the passy- Muir ...what would be required

1 Answer | Asked in Business Law and Civil Litigation for California on
Answered on Mar 26, 2019
Griffin Klema's answer
First, generally speaking, changes to an existing product might be protectable as a separate intellectual property right. So might be able to get your own design patent, copyright, or trademark. However, what you are really asking for is whether making, using, or selling the product would infringe on another's rights. That kind of an opinion is called a "freedom to operate" analysis, and takes a lot of time and energy to prepare. It is important to carefully plan a new product development...

Q: My $$ is stuck bcuz attorney lied to trustee who sold my houseSays i hired her to collect SurplusFunds.I did NOT hire

1 Answer | Asked in Business Law, Civil Litigation, Consumer Law and Contracts for California on
Answered on Mar 20, 2019
Gerald Barry Dorfman's answer
If an attorney is claiming you owe them money for work you hired them for, but in fact they have never even been contacted by you and have done no work for you, that is a very serious matter. You certainly should consider a complaint to the State Bar of California. That process is not very quick, and is not very well suited to actually releasing any funds being held in the meantime. If the company is actually filing a court action, it is called an interpleader, and they should be depositing...

Q: If a nonprofit benefit corporation has several directors whose terms have expired, can the directors stay on until

1 Answer | Asked in Business Law for California on
Answered on Mar 2, 2019
Thomas A. Grossman's answer
Common sense tells me that once a Director's Term has expired, he or she is no longer a Director, unless the Board acts to extend their term. The best way to handle this would have been to have elections for new Directors, so that they could take their place on the Board immediately upon the expiration of the terms of the current Directors. The current Directors would have to give up their positions at the end of their terms.

Q: Can I sue this app?

1 Answer | Asked in Business Formation and Business Law for California on
Answered on Feb 27, 2019
Jason Brooks' answer
While I haven't looked at Poshmark's Terms of Use, I would advise you to fully review the app's Terms, as they most likely provide a means of filing a grievance of some sort if there's been a delay in payment. If your payment is only 1 day late and you just contacted support, I'd expect them to take a day or so to get back to you. If, after a few days you still have not received a response, nor have you received your payment, then, subject to any limitations or other requirements you agreed...

Q: I received a copy of a Request for Entry of Default Judgement filed by an equipment leasing company. How do I respond?

1 Answer | Asked in Business Law, Civil Litigation and Collections for California on
Answered on Feb 25, 2019
Vernon Charles Tucker's answer
If you received a Request for Entry of Default you are in a tough position.

This means service has been effectuated upon you and your responsive pleading was already due by now.

The defendant has now requested a default to be entered against you and this will happen unless you file a responsive pleading BEFORE the default is entered. I don't want to give you false hope so unless the default is rejected you have lost the opportunity to respond. You are now in a default position...

Q: I am a state licensed CPT 1. I work within a spa in which I would like to administer vit b12 shots. Am I legally able?

1 Answer | Asked in Business Law for California on
Answered on Feb 25, 2019
Thomas A. Grossman's answer
I doubt that it would be legal. I think only doctors can administer shots, otherwise you would be deemed practicing medicine without a license.

Q: There was a fire in my home caused by faulty wiring put in by an AC company. Can I sue the AC company?

2 Answers | Asked in Business Law and Civil Litigation for California on
Answered on Feb 24, 2019
Vernon Charles Tucker's answer
If your insurance company paid you then you would only be entitled to any out of pocket expenses that were not covered by your insurance company.

Your insurance company will be pursuing the A/C company for the damages sustained to your home via subrogation. If you have any additional damages you would want to join forces with your insurance company efforts to recover the money via subrogation.

I would let your carrier know you have additional expenses and they will add it to...

Q: can I use companies trademarked logos on another brand listing that makes money?

2 Answers | Asked in Business Formation, Business Law, Copyright and Trademark for California on
Answered on Feb 18, 2019
Thomas A. Grossman's answer
Only if you want to risk being sued by the other companies for Trademark Infringement.

Q: I intend to title my LLC , Moving Humanity Forward. These words were trademarked by General Motors. Can I use this?

3 Answers | Asked in Business Formation, Business Law and Intellectual Property for California on
Answered on Feb 17, 2019
Thomas A. Grossman's answer
Since GM has already trademarked that phrase, I think you would have to use another phrase, e.g. "taking humanity forward," etc.

Q: I have used a particular set of words in academia and I am interested in using this as a business title.

1 Answer | Asked in Business Formation and Business Law for California on
Answered on Feb 15, 2019
Thomas A. Grossman's answer
Impossible to answer the question unless we know what the words are. If you want to use your words in a title to your business, you need to first clear them with the Office of the Secretary of State. They process name searches for most incorporated businesses. It is also possible to hold a business title for up to 3 months by paying a fee to the State for that service. You can then renew it a day after the 3 months is up. Your competitor may have only reserved the name. If he or she has...

Q: What permits/licenses are required in unincorporated San Bernardino County CA to sell and sample prepackaged jerky?

1 Answer | Asked in Business Formation, Business Law and Contracts for California on
Answered on Feb 13, 2019
Robert Lopez's answer
Hi, the permits/licenses you will need depend on where you are going to "cook" your product as well as where you are going to sell your food. Since you are planning on making your jerky in unincorporated San Bernardino, CA, you should start with the County of San Bernardino. Their website pages that deal with food preparation is: The best place to start out is http://wp.sbcounty.gov/dph/programs/ehs/applications/. If you are serving the food, you should also check out:...

Q: Hi, which licenses are needed for a business that holds customers money in accounts that they can access across country?

1 Answer | Asked in Banking, Business Formation and Business Law for California on
Answered on Feb 13, 2019
Robert Lopez's answer
Hi, every state is going to have a different law and most will require a slightly different type of license. The most common type of license is a "money transmitter" license. Most, but not all, of these licenses are regulated by each state's Department of Banking Department/Division. Others will be regulated by that state's Attorney General's office. The actual names of the departments/divisions will vary in each state. The cost of each license will also vary, but it may cost you somewhere...

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.