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California Business Law Questions & Answers
1 Answer | Asked in Products Liability, Business Law, Construction Law and Small Claims for California on
Q: If a contractor leaves equipment on a property, & someone moves the equipment, causing damage to the home, who's liable?

For instance, if the contractor had left a compact tractor on the property, and over a weekend when neither the homeowner or contractor were there, someone pushed the tractor into the siding on the home, causing damage, would the contractor be liable for the damaged siding since they were the one... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Nov 17, 2022

No, the person who moved the backhoe actually caused the damage, not the contractor who wasn't there.

1 Answer | Asked in Banking, Business Law and Civil Litigation for California on
Q: Can a retail bank, whose negligence enabled a fraudulent withdrawal from my account, be sued in small claims court?

An identity thief impersonating me was able to withdraw 8K from my account at a Chase Bank branch. The thief could pull off the ruse because he had my ATM card and he knew both my password and, equally important, the provision of Chase policy that caps 8K as the maximum sum withdrawable without ID.... Read more »

James R. Dickinson
James R. Dickinson
answered on Nov 16, 2022

More information is needed. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

2 Answers | Asked in Consumer Law and Business Law for California on
Q: Predatory Customer Threatening Small E-Commerce Business With Legal Action

Customer filed dozens of fraudulent damage complaints, filed disputes with PayPal and the BBB and broke our business terms of service so we banned them. One month later they created a new account on our e-commerce website using their wife's maiden name and repeated the process of placing... Read more »

Yelena Gurevich
Yelena Gurevich
answered on Nov 16, 2022

They can file a lawsuit (anyone can) but it doesn’t mean they will win. It’s not clear what they would sue you for (especially if you are refunding). You may need to consult with and have a business attorney on retainer as it’s just a smart thing to do for anyone who owns a business. A letter... Read more »

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2 Answers | Asked in Consumer Law and Business Law for California on
Q: Predatory Customer Threatening Small E-Commerce Business With Legal Action

Customer filed dozens of fraudulent damage complaints, filed disputes with PayPal and the BBB and broke our business terms of service so we banned them. One month later they created a new account on our e-commerce website using their wife's maiden name and repeated the process of placing... Read more »

James R. Dickinson
James R. Dickinson
answered on Nov 15, 2022

If you're being sued, hire an attorney to represent you in court. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

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1 Answer | Asked in Business Law and Civil Litigation for California on
Q: Is building a case for someone to represent themself in small claims court illegal if you’re not a lawyer?
James R. Dickinson
James R. Dickinson
answered on Nov 15, 2022

Persons represent themselves in small claims court. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

2 Answers | Asked in Business Law and Contracts for California on
Q: In California is a general contractor allowed to request material receipts and detailed labor information from a subcon

This is regarding a change order on a commercial project

Adam Stoddard
Adam Stoddard
answered on Nov 15, 2022

I'm not sure about detailed labor information, but I see no reason why they couldn't request material receipts. To be sure look toward the contract to see the terms of the agreement.

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1 Answer | Asked in Consumer Law, Business Law, Construction Law and Contracts for California on
Q: Roofing contractor had me pay him more than the estimate when jobnot completed and materials not delivered

Is this an unfair business practice and how can I get my money back?

Dan Rowan Cortright
Dan Rowan Cortright
answered on Nov 14, 2022

This may be an unfair business practice, breach of contract and breach of the covenant of good faith and fair dealing, depending on more facts. Was there a written contract for the job? If not, were the terms of an oral agreement later referenced or set forth in an email/text? Was the contractor... Read more »

2 Answers | Asked in Business Law for California on
Q: In california, can I personal train clients at a commercial gym I go to that I have a membership for.
Adam Stoddard
Adam Stoddard
answered on Nov 13, 2022

Likely not. You should consult your contract with the gym to be sure but I suspect training people there would be a violation.

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2 Answers | Asked in Business Law, Criminal Law and Divorce for California on
Q: Can I stop LLC partner stealing all $ Police won’t help say Fam Law. 2 yrs now,2 CPO DVRO w kids Divorce still 8 mo out

50 50 LLC. Husband locked me out of all banks & business when I got restraining order 2 yrs ago to protect kids & myself. He is taking 100% of money, running wild, paying all his bills and attorneys through LLC.

I’m being told even if I file in civil court it’ll just get... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Nov 2, 2022

more info needed

if it is a Family Law issue, those of us on the Criminal law site, won't be knowledgeable to answer your question.

it sounds like a wife/husband ??? is stealing. I would think you want some kind of restraining order or maybe a "keeper" to receive money???

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1 Answer | Asked in Business Law, Civil Litigation, Criminal Law and Personal Injury for California on
Q: Can a customer of a recycling business be guilty under CA. PC 496A(a)?

I visited a local recycling business to recycle copper wire. When I returned following the required 3 day waiting period when recycling non ferrous metals, The business refused to pay me, and instructed that I contact the detective who placed a "hold on my account" (BP 21609). I did, and... Read more »

James R. Dickinson
James R. Dickinson
answered on Oct 31, 2022

More information is needed. If you're under criminal investigation or or facing prosecution, speak with a local defense attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an... Read more »

1 Answer | Asked in Products Liability and Business Law for California on
Q: In regards to 2021 California Vehicle Code 25105 section b, are there any insititution that certify this 6 candle power?

I am currently working for an automotive company and as I am dealing with automotive interior lighting products, I wonder if there are any institution that helps verify this illuminance value of 6 according to VEH Code 25105 section b. Thank you for your help in advance.

James R. Dickinson
James R. Dickinson
answered on Oct 31, 2022

Honestly, more information is needed as it's unclear what's being asked here. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal... Read more »

1 Answer | Asked in Business Law for California on
Q: Is this retaliation?

I was completely disenfranchised..the other founders launched a new business model announced at public investor meeting (this is where I learned about the new business model as well) from July until I quit this month, they (the other founders) proceeded to completely disenfranchise me from... Read more »

Neil Pedersen
Neil Pedersen
answered on Oct 31, 2022

Maybe it is retaliation. Maybe it isn't. However not all retaliation is unlawful.

Retaliation becomes unlawful if the motivation for the action is your membership in a protected class of people.

What you have is a good, old-fashioned business dispute. Locate and consult with...
Read more »

2 Answers | Asked in Business Formation, Business Law, Contracts and Employment Law for California on
Q: Can I take my company’s client and start my own business in California

I work for company that takes care of people the person wants to hire me directly can I start my own business and care for that person

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 19, 2022

Some companies have employment agreements that include non-competition provisions which prohibit the employee from soliciting their clients for a period of time after the employee leaves the company. If your company does not have such a provision to which you have agreed, then after you have... Read more »

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1 Answer | Asked in Business Law, Civil Litigation and Insurance Bad Faith for California on
Q: Can Auto Club be held responsible for the theft of my car under liability when it was stolen in their care, custody, con

They want me to claim it on my personal policy but it happened because they told me to leave it with the keys after an accident and it would get picked up. It wasn’t picked up. It was stolen

James R. Dickinson
James R. Dickinson
answered on Oct 9, 2022

More information is needed. Speak with a local attorney regarding this. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

2 Answers | Asked in Consumer Law, Contracts, Business Law and Internet Law for California on
Q: Can I get in legal trouble for fees that I was not aware of and did not agree to?

I believe I have been scammed by Nutex, a crypto app. I tried to withdraw 1400 and they told me to pay 1400 as a safety deposit to comply with laws and it would be paid along with my initial investment. I did in my foolishness. They then told me I needed to pay 2000 to process it because it was... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Oct 8, 2022

Seems like a scam to me as well.

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1 Answer | Asked in Business Law for California on
Q: My boss’s is being investigated by the city for violating the California Business and Professions Code 17539.1

If they find them negligent or at fault can they shut down the business? Could my boss start another business? If the LLC has several dba’s under it could ALL of them be shut down or just the dba that was in violation?

James R. Dickinson
James R. Dickinson
answered on Oct 7, 2022

More information is needed. Your "boss" should speak with a local attorney right away. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

2 Answers | Asked in Business Law, Civil Rights, Contracts and Education Law for California on
Q: I have been a victim of false advertisement, breach of contract, discrimination, and negligence at my cosmetology school

Contract was breached 2 weeks after I started school, the school falsely advertised many things on there website and handbook that were never delivered. Additionally the school has discriminated against people with textured hair as well as students of color. All of which can be supported with photo... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Oct 7, 2022

It seems like you have a great case. I would be happy to help you.

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3 Answers | Asked in Business Law and Civil Rights for California on
Q: Can I record myself in a nonprivate conversation with staff about unfair treatment in a recuperative care shelter I live

Discussion was about unfair treatment and frequent policy changes as retaliatory conduct against residents who complain or start grievance process. Discussion was in front of other residents, not a private conversation. I recorded my voice and responses out of concern that my words would be... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Oct 7, 2022

You need the consent of all persons present to be able to record a conversation in the kind of circumstances you have described before you start recording. You are essentially an invited guest at the shelter, and are required to follow their rules and procedures while you are resident there.

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1 Answer | Asked in Banking, Business Law, Civil Litigation and Consumer Law for California on
Q: Anti trust and Consumer Laws being broken by Apple Inc. How to bring a case against Apple, it’s Euro subsidiary Company?

Breach of Data, Breach of Privacy by use of force of aggravated identity theft which has resulted in online bank account financial theft.

James R. Dickinson
James R. Dickinson
answered on Oct 4, 2022

More information is needed.

1 Answer | Asked in Employment Law and Business Law for California on
Q: Can Registered Nurses work as an independent contractor “1099” through staffing agencies?

There are staffing companies issuing 1099 to Registered Nurses who want to pick up shifts at different hospital? Is this even Legal due to the inability to pass the ABC test for independent contractor?

James R. Dickinson
James R. Dickinson
answered on Sep 27, 2022

This hypothetical raises questions regarding the nature of the relationship between the nurse and the staffing agency likely more than the relationship between the nurse and the hospital the staffing agency contracts with. There are a limited and qualified exemptions to AB 5- speak with a local... Read more »

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