Lawyers, Answer Questions  & Get Points Log In
California Business Law Questions & Answers
1 Answer | Asked in Business Law, Civil Litigation and Contracts for California on
Q: Myself and sister were co-owners in home in Hesperia ca. Sister was residing in home , signed 20 yr contract for solar

I did not know about this contract signed 11/2018 , until friend sent photo of panels on home. Sister passed 2019 , now I'm dealing with this. Solar company says they only needed one signature. I told them without co-owner signature ? They said yes. Told them they should require both home owners... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Feb 15, 2020

A co-owner has rights to the undivided whole of the property and could sign such a contract. What you need to find out is if the contract was secured by your real property. If it was a secured loan, then the solar company can ultimately force a foreclosure to get their money out, subject to any... Read more »

3 Answers | Asked in Business Law, Civil Litigation and Personal Injury for California on
Q: can an employee be sued along with the corporation for negligence after he acting within course and scope?

If not, then is a demurrer and/or motion to strike appropriate?

The employee performed his duties of evaluating a company. The company did not like the evaluation and sued the corporation and the employee after an insurance company denied the claim.

Dale S. Gribow
Dale S. Gribow answered on Feb 6, 2020

more info needed.

No an employee should not have exposure until most circumstances.

the corporation must have insurance and they will send the matter to a law firm.

you want to be sure the ins co agrees they are covering him and that the law firm will represent him.

View More Answers

1 Answer | Asked in Business Formation, Business Law, Copyright and Trademark for California on
Q: i have a online business i am starting wanting to sell dog accessories and was wondering what trademark code would i use

i am going to sell collars, leashes, treats, clothing, toys, beds, etc and some things like collars/leashes/treats will be homemade

Tania Maria Williams
Tania Maria Williams answered on Feb 3, 2020

The classification codes vary depending on whether the product is a good or service. It would not be possible to truly answer your question without more information as, simply based upon your list, you will likely have multiple classification codes as pet apparel is a separate code from treats,... Read more »

2 Answers | Asked in Business Law, Civil Litigation and Criminal Law for California on
Q: Can u Sue a company because 1 of their employees destroyed video that would of shown someone being not guilty at a trial

loss prevention accuse my husband I'm trying to run him over and my husband was charged with assault with a deadly weapon out of the six videos that was given for evidence only one could be open for trial he also testified against my husband. my husband lawyer requested a retrial because of these... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 31, 2020

more info needed.

anyone can sue anyone for anything at any time.

the question is would you win AND will a lawyer take the case on a contingency, rather than an hourly.

my office would never do so and if a lawyer takes a case like that they would want the client to prevail...
Read more »

View More Answers

1 Answer | Asked in Tax Law, Business Formation and Business Law for California on
Q: Hello, I dissolved a corporation back in September and I'm not receiving notices from the Calif. Franchise Tax Board

Hello, I dissolved a corporation back in September and I'm not receiving notices from the Calif. Franchise Tax Board that I owe in excess of $900 for back "taxes" in 2018, which I think is the $800 annual fee. Am I still responsible to pay this? or can I ignore these notices since the corporation... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 22, 2020

Generally you're not personally liable for the franchise fees.

It may be worth having a professional take a look and write a letter to the franchise board.

1 Answer | Asked in Business Law and Civil Litigation for California on
Q: How do i file for a civil mediation in California it is for business contract lack of payment 1/2 million?

I am a subcontractor who did not get pd by a contractor its been over six months i need to file arbitration or mediation how do i go about doing that

Donald M Barker
Donald M Barker answered on Jan 6, 2020

There are many unknowns with your question. Are you a licensed Contractor in CA? Do you have a contract with the person who owes you the money? Does that contract have a mandatory mediation or arbitration clause? If you are a licensed contractor, did you file the proper Mech Lien docs?... Read more »

1 Answer | Asked in Business Formation, Business Law and Legal Malpractice for California on
Q: Is there anything legal that can help i feel as if they are committing a crime as a shady business

I bought furniture from ashleys and it was delivered damaged. Called the same day and filed a complaint. Yet they want to send a tech fo my house to bring it up to manufacturing standards. They want to fix it instead of swaping it with a new one. And they denied my request to swap for a new one . I... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Jan 5, 2020

The short answer is to let them know that if you do not get "what you paid for" … then you will want to post an adverse review on Yelp and to take them to small claims court to get your money back and/or to receive what you paid for.

2 Answers | Asked in Business Law and Contracts for California on
Q: Is it fraud to use a line of credit opened by the previous owner of a business I purchased in March of this year?

We paid bought a bar in March of 2019- DBA, liquor license, all assets connected to the business. All accounts including credit lines, utilities, vendors etc. were supposed to be transferred or closed. Recently, I received a statement that there is a line of credit in the business name that the old... Read more »

George W. Wolff Esq.
George W. Wolff Esq. answered on Dec 29, 2019

If you just bought the assets of the company rather than the shares, probably not as it may be a personal line of credit.

It would be best to check with the Bank to see who took out this line of credit!!

View More Answers

1 Answer | Asked in Business Law, Civil Litigation and Contracts for California on
Q: Can I sue a company after signing a severance package

I signed a severance package on December 13th 2019. Today I found out there has been a data branch. A hr representative sent an employee and email that had all employees SSN and names . can I sue them for this data breach even though the severance says I can't sue

Michael Doland
Michael Doland answered on Dec 24, 2019

For an event not related to the subject matter of the settlement agreement, and occurring after the execution of the agreement, there should not be any obstacle. Of course, this is analysis and no answering attorney has seen the actual document you signed.

1 Answer | Asked in Business Law for California on
Q: What are the exact steps to add a member to a multi-member LLC in California?

I understand that I have to edit the operating agreement with and amendment stating the terms under which they are joining the company, but do I have to actually go and file anything with the state?

Michael Doland
Michael Doland answered on Dec 24, 2019

You will also need to update your Statement of Information.

1 Answer | Asked in Business Law for California on
Q: Do I still own my artwork after gallery has possessed it for three years?

Hi, I had work in an art gallery for a show, and when the show was over the gallery owner asked me to leave one piece of work with him so that he could try to sell it. It has been about two and a half years now. I texted with him about getting it back about a year ago and he agreed we'd try to meet... Read more »

George W. Wolff Esq.
George W. Wolff Esq. answered on Dec 6, 2019

Perhaps, yes.

Was any of your agreement or understanding stated in writing, or via texts or emails?

If so, do you still have access to them?

2 Answers | Asked in Employment Law, Business Law and Construction Law for California on
Q: I work for a contractor and he's been waiting on payment from a corporation since June of 2019 . What is taking so long?

The contractor I work for was doing a job for a company called CFS Complete Facility Solutions. We did construction work for them at a Taco Bell. We completed the job and during that process. A corporation called Cushman and Wakefield bought CFS. The contract says they have 90 days to pay us and... Read more »

Neil Pedersen
Neil Pedersen answered on Dec 6, 2019

If you are an employee of this contractor, your employer cannot make you wait for your pay until a client pays. You are entitled to payment on regularly designated pay days.

As to why there is a delay, there could be any number of reasons and no one here can know that answer. There are...
Read more »

View More Answers

1 Answer | Asked in Business Law for California on
Q: I made a custom jewelry piece for a customer. He wants to cancel It but im charging labor fees. Can he sue?

I made a custom jewelry piece for a customer. He wants to cancel It but im charging labor fees, he said since It was 10 grams lighter he didn't want It, but it had an extra two carats of diamonds and he was still paying the same. He now wants to take legal action. Help?

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Dec 6, 2019

Interesting … I owned Jewelry stores for over 20 years … and sometimes this issue came up. As with any such agreement, with foreseeable and reasonable reliance upon the terms of the agreement, you are entitled to restitution for those costs & expenses that you cannot reasonably "return" to... Read more »

1 Answer | Asked in Business Law, Contracts, Employment Law and Mergers & Acquisitions for California on
Q: My company just merged. Does the new company that formed have to honor my contract ?

My contract states I will be provided a free health plan or stipend towards another plan. The newly formed company is not providing this and rates have gone up to over 2K a year. Does my new employer have to honor my contract if they are not firing me or providing a new contract for me to sign?... Read more »

Neil Pedersen
Neil Pedersen answered on Dec 4, 2019

Your post is not entirely clear about your relationship with this company, nor does the post have additional information needed to provide a clear, reliable answer. Assuming you are an employee, and not an independent contractor, when your employer sells to another company, such that you are now... Read more »

1 Answer | Asked in Business Law and Contracts for California on
Q: I contacted a business I like to ask if I can buy shares of their company.They emailed me back 2forms but I know diddly

How can I understand what these two forms are for and what I do with them? I don't want to ask the person that send them to me bcuz they'll know I have NO CLUE what I'm doing or what I'm getting into. I want to buy shares anyways and hopefully learn as I go without loosing out right away. Any help... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Dec 3, 2019

The first step is to set up the initial free consultation via video call with reviewing the documents on screen. You will want to "interview" at least three business attorneys who have both business ownership experience and expertise in such matters. Shawn Jackson - Business Development Attorney

2 Answers | Asked in Bankruptcy, Business Law, Civil Rights and Constitutional Law for California on
Q: Shay from Pro_Hydro Ihave a civil matter current with bribes over my head and want to run leins on commercial props.

Its State & Federal and its quadzillions well more but yah and from start of filing tell now with being served it's still going on so I thought leins to start asap Motel , Parking garage and cars and 2 check cashing stores

Timothy Denison
Timothy Denison answered on Nov 23, 2019

What is your question?

View More Answers

1 Answer | Asked in Business Law, Civil Rights, Constitutional Law and Intellectual Property for California on
Q: Can I sue California for discrimination and unconstitutional gun laws?

The state gun laws do nothing for the law abiding citizen and make it easier on criminals to attack citizens. I feel discriminated against as a law abiding citizen. The people responsible for making every gun law don't have enough knowledge and experience with firearms. I've recently just found out... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 20, 2019

You can challenge a law as being unconstitutional if you have been concretely and particularly injured by the law. The interpretation of the Second Amendment is in question right now, and there is a great deal of litigation involving the interpretation and extent of the Amendment.

For a...
Read more »

2 Answers | Asked in Business Law, Employment Law and Communications Law for California on
Q: Some employees refuse to use company software - instant messaging - how can they be disciplined/forced to use it?

I have an instant messaging system on my office computers. Some users are logging out. We can’t fire them, but how can I set consequences for logging out or ignoring messages? What can I do to make the software so users can’t disconnect? Program is Synology Chat. Server is Windows.

Robert Philip Cogan
Robert Philip Cogan answered on Nov 20, 2019

There is a middle ground between firing people and letting them sabotage your system. An attorney can provide rules and procedures that can be set up and provided to employees. Rules can be enforced without firing people.

Firing employees who perform their tasks, except for the ones they...
Read more »

View More Answers

1 Answer | Asked in Business Law and Employment Law for California on
Q: I live in California. It is a well known secret that my general manager hires people that owe him money.Is this illegal

The manager is not an owner. It is a franchise restaurant.

Neil Pedersen
Neil Pedersen answered on Nov 19, 2019

No, there is nothing unlawful about an employer only hiring people who owes them money.

Good luck to you.

1 Answer | Asked in Consumer Law, Tax Law, Business Law and Energy, Oil and Gas for California on
Q: Can I sue California for gas prices being more expensive than other states?
D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 19, 2019

You can sue anyone for anything as long as you can get them served.

You're case will be summarily dismissed, probably for not stating a claim upon which relief may be granted.

You may be cited for filing a frivolous suit.

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.