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California Business Law Questions & Answers
1 Answer | Asked in Business Law, Civil Litigation, Consumer Law and Criminal Law for California on
Q: Can a dealership sell a motorcycle on consignment that has an invalid, or voided, title?

I purchased a used motorcycle with cash from a dealership who claimed they were selling it on consignment. They gave me a title that had signatures already on it (as if it wasn't ever transfered last time it was sold) and the keys. I figured as long as i have the title im good but When I went... Read more »

Leon Bayer
Leon Bayer
answered on Jun 28, 2022

Yep. You got scammed. I suggest you tell the dealership that they have 24 hours to refund your money or else you will file a complaint against their dealership license with the State of California. In addition to filing the complaint, you can also file against the dealer in the local small claims... Read more »

4 Answers | Asked in Banking, Bankruptcy, Business Law and Contracts for California on
Q: Do I need a bankruptcy lawyer

Do I need a lawyer to help with a foreclosure

Tristan Brown
PREMIUM
Tristan Brown
answered on Jun 24, 2022

Whether you’re a landlord or tenant in the foreclosure process, it is advisable to consult a lawyer. The foreclosure process can be complex and you may need adequate legal representation to guide you along the way.

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4 Answers | Asked in Banking, Bankruptcy, Business Law and Contracts for California on
Q: Do I need a bankruptcy lawyer

Do I need a lawyer to help with a foreclosure

Timothy Denison
Timothy Denison
answered on Jun 24, 2022

Absolutely!

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1 Answer | Asked in Contracts, Business Law and Collections for California on
Q: A freelance client owes money and won't pay. Can I use equipment I have from their company as collateral?

I performed hourly consulting for a small company. They were developing a drone and paying weekly through upwork. The scope of the project exploded from something simple to developing the whole drone. The initial timeline was three weeks start to finish. Initially my role was limited and clear. The... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Jun 24, 2022

You cannot keep property that belongs to them that they provided to you and which is not your work. If they own the drone, you must return it.

1 Answer | Asked in Business Law and Contracts for California on
Q: I need a business litigation attorney in Los Angeles.

Defendant defaulted on 1.3 million dollars loan, in addition to owe over 1 million dollars for services provided

Dan Rowan Cortright
Dan Rowan Cortright
answered on Jun 24, 2022

I am happy to provide a free consultation regarding your legal remedies to collect on your loan and for services. Please contact me today.

1 Answer | Asked in Business Law for California on
Q: How do I establish a residential address if I don't have one and so-called "live" at my business address?

(update) I have had difficulty with the DMV and financial institutions for opening accounts, loans, credit, and insurance. I expect the IRS will not accept an address in a commercial zone as my personal residence. So far, when I have run into a problem, I have used my old residential address, but... Read more »

Julie King
Julie King
answered on Jun 22, 2022

It would help to know for what purpose you need a residential address. You should be able to use your work address as a mailing address for most purposes. So, unless there is a specific reason you must have a separate address as your home, just use your work address. Obviously, this response... Read more »

2 Answers | Asked in Bankruptcy, Tax Law and Business Law for California on
Q: Need help to dissolve S Corp due to pandemic- Can someone help?

Fitness company- Officers are myself and husband. Devastated by pandemic and not able to recover. There’s unfiled back taxes and a recent $110k judgement from a defaulted business loan with me only as the personal guarantor. I hired a firm several months ago to help negotiate a settlement but... Read more »

Harlene Miller
Harlene Miller
answered on Jun 16, 2022

There are many issues you mention that far exceed what can be discussed on this site. I urge you to consult with an experienced bankruptcy attorney with broad experience: including creditor representation in order to explain the impact of a potential bankruptcy on the creditors and how they might... Read more »

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1 Answer | Asked in Contracts, Employment Law, Workers' Compensation and Business Law for California on
Q: Can I sue a BVI company for breach of contract if I'm in the USA?

A CEO of a BVI company made many false promises to me including wages, time of agreed contract, and workload. I did far more work than job description and agreement and was paid less than agreement. I also pitched their project which I created the entire pitch, to earn them additional income.... Read more »

Neil Pedersen
Neil Pedersen
answered on Jun 10, 2022

You may have a claim for breach of contract against this British Virgin Island company. It would probably have to be brought in federal court, and before any such lawsuit could commence, an attorney would have to review your contract to determine if there is an enforceable choice of law and venue... Read more »

2 Answers | Asked in Consumer Law, Contracts and Business Law for California on
Q: What does it mean when a car dealership defers the balance of $2,000 from a cash sale of $30,000 what are your right sto

My friend went into car dealership with $30,000 cash he saw a car with the sticker price of $29,000 when everything was said and done he still had a balance of $2,000 and the dealership decided to defer the payment for him now they're threatening to take the car what are his right what does... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jun 9, 2022

Have yoru friend reach out with ALL writings and notes to a consumer protection attorney immediately AND also have your friend reach out to the CA DMV Investigations unit, to see if your friend can make some sense of this and get some protection. IF it is repossessed, even wrongfully, it is... Read more »

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2 Answers | Asked in Consumer Law, Contracts and Business Law for California on
Q: What does it mean when a car dealership defers the balance of $2,000 from a cash sale of $30,000 what are your right sto

My friend went into car dealership with $30,000 cash he saw a car with the sticker price of $29,000 when everything was said and done he still had a balance of $2,000 and the dealership decided to defer the payment for him now they're threatening to take the car what are his right what does... Read more »

Leon Bayer
Leon Bayer
answered on Jun 9, 2022

Your friend needs to have somebody read the contract to him. Does the contract say the price of the car is $30,000 or is it $32,000?

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1 Answer | Asked in Business Law, Contracts and Landlord - Tenant for California on
Q: Can we purchase a business and take over without getting the lease approval completed from the landlord

Can we purchase a business and take over without getting the lease approval completed from the landlord?

just wondering, because we understand the risk that the landlord may reject us, and then the seller can run away with the money that we payed them. Is there a way to avoid this risk so... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq.
answered on Jun 5, 2022

Well, the first question is ... "what is getting in the way of you acquiring the new lease" ... and the second question is ... "what does the current lease state about subleasing or an assignment of the lease. To get an answer, I would recommend that you schedule at least two video... Read more »

2 Answers | Asked in Consumer Law, Criminal Law and Business Law for California on
Q: we have proof that a tow company is doing predator towing and is partnering with a restaurant and we want to sue both o

The authorization forms are prefilled with date being blank, no authorization signature and no company address, just location is filled in. We have pictures proving the way the authorizations are being done is illegal and we have video proof also. We want to sue both company's involved for... Read more »

Dale S. Gribow
Dale S. Gribow
answered on May 29, 2022

did this happen to you? if not what are YOUR damages?

you can always sue but the pivotal question is whether YOU can collect and whether a lawyer would take it on a lien.

hiring a lawyer can be expensive and going to small claims may make more sense ...however, you can only sue for...
Read more »

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1 Answer | Asked in Business Law for California on
Q: If i hire a person to create artwork for me can i take the image and create a nft to sell?

Does the artist retain intellectual property rights

Julie King
Julie King
answered on May 20, 2022

The default in California is that the artist retains all rights. But you can enter into a contract with the artist in which you get the rights. It usually costs more, but that's how to do it.

1 Answer | Asked in Business Law for California on
Q: What to do if I have a business with my ex and they are destroying the business and doing Illegal things in the compan

Embezzlement, stopping me from doing my job and preventing me from access

Dan Rowan Cortright
Dan Rowan Cortright
answered on May 11, 2022

Contact one of the lawyers on this site for a consultation. There are legal ways you can protect your business assets and sue for wrongful actions being taken against you/your company.

3 Answers | Asked in Business Law, Contracts and Tax Law for California on
Q: If I am helping a friend lease a business space for HIS business, do I need to report anything to the IRS on my end?

My friend is starting up a business, he’s doing good and now needs a shop to work. He does not have the credit to lease a place. He asked me to help him lease in exchange for 10% of earnings. What would I have to report to the IRS or does his total earnings affect me in any way? I am aware I’m... Read more »

Rogelio (Rod) B. Tuazon
Rogelio (Rod) B. Tuazon
answered on May 6, 2022

Although not mandatory, I hope you have this agreement in writing. The 10% payment in exchange for co-signing a lease is considered in the broad definition of gross income. So, the short answer is yes, it must be reported to the IRS. Your friend may also have an obligation to issue you a 1099, so... Read more »

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1 Answer | Asked in Business Law for California on
Q: Does hiring a lawyer to create Privacy Policy benefit my company more than using an online Privacy Policy generator?

For example, can a company either user an online generator, or pick and choose and adjust existing language from similar companies in order to make a Privacy Policy that seemingly works for the company itself? Does hiring a lawyer to either sign-off on an existing Privacy Policy or generate a... Read more »

Joanne Belasco
Joanne Belasco
answered on May 5, 2022

If you hire an attorney to either review one or to draft one for you, then you know it covers you appropriately. If you don't, there is always the chance that your document will miss an important legal clause or section that it needs to give you the protection you need. I know it costs more... Read more »

1 Answer | Asked in Business Law for California on
Q: If a covenant not to complete on an asset purchase agreement is incomplete and missing information is it binding?

Related to the sale of business. The information missing is the period of time the covenant covers. The purchase agreement lists the individuals, but is missing the period of coverage. Does that make it non binding or what is the default period of coverage if there's no amount of time listed.

Shawn R. Jackson Esq.
Shawn R. Jackson Esq.
answered on Apr 30, 2022

Generally speaking, the "period" of time will be partially determined by the allocation for that item in the purchase agreement, absent that notation, it will be a reasonable time, based in part, upon the total price paid and how the price was or should be allocated to the tangible and... Read more »

1 Answer | Asked in Business Law for California on
Q: If a NOP is set up for three years but have never filed with CA Attorney General but running its business. Legal or ill?

We would like to know if NpO has existed for three years ,but has not registered with AG for three years, but it has been taking donations and other activities (jot much formality or normal meeting records keeping as you may guessed) , we want to know the consequences if this not not registered... Read more »

Matthew Morris
Matthew Morris
answered on Apr 30, 2022

There are a lot of issues here. If this were to come into my office, we would probably spend a lot of time just talking about the facts and history before giving any advice. And the advice would depend on whether I am speaking to an officer, board member, donor, member of the public, etc.... Read more »

1 Answer | Asked in Business Law for California on
Q: How to file dissolution of NPO (ELEC NP) form in person

Hi. On the cover sheet of filing this election of wind up and dissolve, it stated that one can file in person with$15 handling fees. Where do you go to hand it in in person? The PO box is in Sacramento. Do we have an office of SOS in Ventura or LA for in person filing ?

Matthew Morris
Matthew Morris
answered on Apr 29, 2022

There is an office in Los Angeles, but the Secretary of State limits what items can be filed in person at that office. That office "distributes forms and informational materials" and will accept drop off of "corporation name reservation requests," "Articles of... Read more »

1 Answer | Asked in Business Law and Business Formation for California on
Q: I want to open a non-profit for my theatre but I'm not sure how to handle the sublease income on a separate floor.

I lease a 2 story building for a live theatre. The theatre occupies the 1st floor. I want to create a theatre non-profit.

The building has a 2nd floor. It's not part of the theatre. Sometimes the second floor is occupied through a sub-lease which is allowed in my lease, sometimes it... Read more »

Matthew Morris
Matthew Morris
answered on Apr 21, 2022

This question raises many of the big issues that nonprofit attorneys work on. You definitely should talk to a local nonprofit lawyer because there are LOTS of issues lurking here.

Issue 1: Are you sure you should be a nonprofit? One thing that a lawyer for nonprofits will probably do here...
Read more »

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