California Business Law Questions & Answers

Q: Hello, I am being sued by someone I do not even know.

1 Answer | Asked in Consumer Law, Contracts, Business Formation and Business Law for California on
Answered on Feb 21, 2018

Bring proof of the existence of other businesses with your name. If there is a signature on the receipt/estimate/contract, show how your signature is different. Print out your Google Location Time Line, or Apple Maps Time Line for the period in question to show that you weren't at the location where the job was supposedly done. There could be an infinite variety of evidence on the subject. These are just a few ideas off the top of my head.
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Q: Hello, Does an individual resident of California have standing in the California law that requires prompt reporting

1 Answer | Asked in Business Law, Civil Litigation, Consumer Law and Small Claims for California on
Answered on Feb 14, 2018

Yes, Civil Code section 1798.82 states that, following discovery, notification shall occur in the most expedient time possible, consistent with the legitimate needs of law enforcement. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1798.82
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Q: what is the right to subrogation in court

1 Answer | Asked in Bankruptcy, Copyright, Criminal Law and Business Law for California on
Answered on Feb 9, 2018

when you are rear ended and another parties ins co pays they have a right to get the money or some of the money back (ie subrogate) from another entity
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Q: restaurant that wasn't accepting cash in California. They went "Cashless". law that requires them to accept cash?

1 Answer | Asked in Consumer Law, Personal Injury and Business Law for California on
Answered on Feb 5, 2018

I am unaware of any California law that requires businesses to accept cash. There is no Federal statute mandating that a private business, a person, or an organization must accept currency or coins as payment for goods or services. Private businesses are free to develop their own policies on whether to accept cash unless there is a state law which says otherwise. https://www.treasury.gov/resource-center/faqs/Currency/Pages/legal-tender.aspx
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Q: How do I protect my contract in case of acquisition of company I am in contract with? & New comp does not want to renew.

1 Answer | Asked in Business Law for California on
Answered on Feb 2, 2018

Usually, company C takes company B subject to all its obligations, e.g., a contract with company A. One way to address this is by having your attorney address in the contract what happens if you get terminated without proper cause.
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Q: If I owe money to the deceased do I need a copy of their will to show who I now owe money to?

1 Answer | Asked in Contracts, Tax Law, Business Law and Probate for California on
Answered on Feb 2, 2018

Was there a probate case? You should first determine who is entitled to payment.

Was there a promissory note? If so, you would either draft an amendment to that promissory note or you would have a receipt from the aunt and uncle to show that they have been paid in full.
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Q: I have a small nonprofit and I am looking for a lawyer that help me comply with regulations, BOD resultions and the lik.

1 Answer | Asked in Tax Law and Business Law for California on
Answered on Jan 29, 2018

Justia has a lawyer directory that you can consult. I and many other lawyers do this kind of work. You should pick one you feel comfortable with.
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Q: I am in process of buying gas station in Ca.Seller &I have signed contract of sale for $585K with$435K down & $150K to

2 Answers | Asked in Business Law and Contracts for California on
Answered on Jan 25, 2018

Your best option is to contact a business attorney. If you are paying $585,000, what makes you think that it is a good idea to do it yourself?
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Q: DIVISION 9 -Section 1119 Does this state that I cannot include evidence on my behalf to help my side of the trial?

1 Answer | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Business Law for California on
Answered on Jan 23, 2018

I did not look up statutory reference, but I am sure it said nothing to preclude your presenting evidence favorable to our case. The only potential problem is whether the judge might consider that since your expert is not there to be examined by the other side, he would not permit written evidence. If that is the case, arrange for the expert to call in at a prearranged time. A company called CourtCall sets those up. Will cost you $86.00 but sounds as though it would be worth it. You might...
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Q: I need a privacy policy for a product I created, but I do not have a company registered. Does that matter?

1 Answer | Asked in Consumer Law, Products Liability and Business Law for California on
Answered on Jan 23, 2018

Yes. The policy has to be created by someone, for the benefit of someone. It can't be a business that you haven't created yet.
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Q: Received a cease and desist letter, for "taking trade secrets" would like some additional legal opinions.

2 Answers | Asked in Business Law, Civil Litigation and Intellectual Property for California on
Answered on Jan 17, 2018

If literally everything you know about the business is from the company’s website — and not from any inside information of non-public trade secrets — then you are in the clear. Information on websites is not “secret” and, therefore, would not qualify as a trade secret.
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Q: Is it legal in California to start your business (LLC) in a rented house?

1 Answer | Asked in Real Estate Law and Business Law for California on
Answered on Jan 16, 2018

Check your city and county's local ordinances. In many cities and/or counties, you would be required to get a business license that identifies your business as a home-based business. Before such a license will be granted, the city or county may notify all the neighbors around the home, so they have an opportunity to object if they believe the traffic or noise will be a problem. If you are unable to get the business license to work out of your home, you may want to see if there is a local...
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Q: What can I do about a Chiropractor never sending me a bill until after he has hired a collection agency?

1 Answer | Asked in Business Law, Collections and Consumer Law for California on
Answered on Jan 12, 2018

How is sending a Notice of Settlement an attempt to make payment? If you were a minor and your father was responsible for receiving and paying bills, then the chiropractor sent the bills to the correct person. You apparently owe the money. Pay the collections agency.
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Q: If an employee signs an "Arbitration Policy", can they collect their share of a class action against the company?

1 Answer | Asked in Arbitration / Mediation Law, Business Law and Employment Law for California on
Answered on Jan 11, 2018

Tough question. To give a preliminary answer, the contract you signed, the "Arbitration Policy", would have to be scrutinized. Many large companies have employee contracts that specifically state that you cannot participate in a class action against the company. To do so would breach your contract with the company and leave you open to termination. But there are certain fundamental rights that anyone has, and they may conflict with and override the contractual prohibition. I believe only a...
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Q: I just found out my mother in laws ira and stocks were stolen by her fin adviser,is there any recourse I can take?

1 Answer | Asked in Business Law, Consumer Law and Federal Crimes for California on
Answered on Jan 11, 2018

1. Call the police/DA's office. 2. The mother-in law's heirs may be able to pursue a financial Elder Abuse claim against the financial advisor and his employer. 3. Depending on the type of financial adviser, there may be state/federal licensing agencies to whom a complaint can be made. Some of these may have a fund to compensate victims of theft.
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Q: Is giving a Jewish person a Christmas gift considered a hate crime?

1 Answer | Asked in Criminal Law, Business Law, Civil Litigation and Civil Rights for California on
Answered on Jan 7, 2018

no it is not in my opinion.

to do so would require a very liberal interpretation of existing laws.

i am surprised there is an investigation.
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Q: (California) Can a Step son be liable for the non-payment of a contract signed by a dead Step Father?

1 Answer | Asked in Business Law, Contracts and Probate for California on
Answered on Jan 5, 2018

If you are not liable on the utility account, then you are not personally liable for the debt. That is a debt of your step-father's estate. In general, the utility company has one year from the date of death to initiate a lawsuit on the debt.
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Q: Disputing a service charged but did not get the quality of service.

1 Answer | Asked in Business Law and Contracts for California on
Answered on Jan 3, 2018

While an attorney will need to review the contract and the facts with you (including all communications you had with the company), it sounds like you have a good case to recover the money you paid, and possibly more if there are additional damages. How to go about this may be governed by the contract, and may include attorney fees.
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Q: Logistic forwarder denies responsibility for its mistakes causing big money loss

1 Answer | Asked in Contracts, Products Liability, Business Law and Consumer Law for California on
Answered on Dec 29, 2017

First, get them to state to Amazon what happened and ask Amazon if they will print that under the person's post.

Second, look at your agreement with them. Generally, you have to figure out if the costs of litigation are worth the hassle.
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Q: Someone sent me this 2202. Intentional Interference With Prospective Economic Relations via text should I worry?

1 Answer | Asked in Employment Law, Broker Fraud and Business Law for California on
Answered on Dec 28, 2017

without all the facts it is hard to analyze.

this kicks in when you are interfering with someone else's business relationship.....ie they are trying to sell, enter into contract etc and you are causing them to lose their deal etc
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