California Business Law Questions & Answers

Q: I quit a position with a small company that I owned 10% of the stock. I was seeking to ask for my investment back.

1 Answer | Asked in Business Law and Employment Law for California on
Answered on Jul 25, 2017

A lawyer should review your contract. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law....
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Q: Bar told us that we need to pay $3500 to customer because he didn't sign the estimate.

1 Answer | Asked in Business Law, Contracts and Consumer Law for California on
Answered on Jul 25, 2017

Small claims court may be useful for you. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education...
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Q: I filed a Motion to vacate Judgment and it was denied. How can I appeal it? This is a civil suit

1 Answer | Asked in Business Law for California on
Answered on Jul 25, 2017

There are short deadlines for doing that. Have a lawyer review the file to see if you have a basis for appeal. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...
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Q: Is the a law that requires California motels to change bedding, furniture,drapes and linens periodical?Where can I rev

1 Answer | Asked in Gov & Administrative Law, Land Use & Zoning, Consumer Law and Business Law for California on
Answered on Jul 25, 2017

There are several related statutes regulating the hotel/ motel industry in CA. See: https://www.calodging.com/resources/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas...
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Q: How much can I charge for late payment in a settlement agreement?

1 Answer | Asked in Business Formation, Business Law and Collections for California on
Answered on Jul 25, 2017

Why not have a lawyer draft the terms of the settlement agreement? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce &...
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Q: My nursing license was disciplined for something I DID NOT DO, based on an anonymous complaint, from a retaliation.

1 Answer | Asked in Libel & Slander, Business Law and Employment Law for California on
Answered on Jul 25, 2017

You can hire an attorney to defend you in the licensing disciplinary action against you. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
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Q: Once I answer a filed lawsuit and file a cross complaint, do I have a 10 day window to submit discovery?

2 Answers | Asked in Business Law and Civil Litigation for California on
Answered on Jul 22, 2017

No. If you are in a lawsuit you are OBLIGATED BY LAW to follow the rules of discovery which are found toward the back of the California Code of Civil Procedure. See, e.g. CCP 2025. You can find that on the internet. One doesn't "submit" discovery. One either propounds it or responds to it. See also CCP 1005.
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Q: I have a business and a lawsuit has been filed but I have not been served, can I file a cross complaint?

3 Answers | Asked in Business Law and Civil Litigation for California on
Answered on Jul 22, 2017

Yes, you can file a Cross-Complaint along with your Answer to the Complaint.

A full consultation would be necessary to properly advise you.
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Q: Commercial usage and shipment onto US territory of uncertified device prototype

1 Answer | Asked in Consumer Law, Products Liability, Federal Crimes and Business Law for California on
Answered on Jul 20, 2017

This site is not designed to provide the detailed legal advice that you seek. The attorneys here know nothing about the device, who should certify it, what legal regulations apply to importation, how to factor expenses, what the laws are on "rides", etc. If you want this kind of advice, you will need to retain an attorney and pay for it or do your own research, which is inadvisable.
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Q: My husband took over a business and a month later an employee filed a claim for workmans comp. His insurance premiums

1 Answer | Asked in Business Law and Workers' Compensation for California on
Answered on Jul 18, 2017

If his goal is to try to avoid the WC claim, that tactic may land him in bigger trouble. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
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Q: How does the author of a website which criticizes bad property investments defend against damage suits?

2 Answers | Asked in Business Law, Civil Litigation, Real Estate Law and Libel & Slander for California on
Answered on Jul 17, 2017

There is no way to be completely shielded from being sued. Any fool can sue you. Here's what you can do.

1. Buy insurance to cover the claims. Remember that insurance provides two separate benefits, a defense attorney, and money for damages won against you (if the conduct was not unlawful, just negligent). No one should be in business and be uninsured.

2. Don't do business with people you don't know.

3. Your lawyer will defend you by invoking laws you don't know...
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Q: Someone i know owns a daycare, things are a little off.. Advice on what to do?

1 Answer | Asked in Business Law, Consumer Law and Criminal Law for California on
Answered on Jul 14, 2017

You can report child abuse/ neglect to CPS and the police. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
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Q: Is a business in the wrong if they completed a job without an estimate even if it was requested?

1 Answer | Asked in Contracts, Business Law and Consumer Law for California on
Answered on Jul 14, 2017

What kind of business and job? What does the contract say? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
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Q: I want to start my own business. Another company has the same business name in another state. Can I proceed?

1 Answer | Asked in Business Formation and Business Law for California on
Answered on Jul 14, 2017

It depends on whether there is overlap in the business purpose, client base, IP, and geography. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts,...
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Q: May I replicate a custom design made for my business by Niland based on their protected Barcelona design?

2 Answers | Asked in Business Law, Contracts and Intellectual Property for California on
Answered on Jul 13, 2017

This question appears to require review of the following information in order to consider preparation of an answer:

your written agreement with Niland

full mechanical drawings of the custom design

photographs or a video of the custom design

a copy of the patent

whether Niland has any additional patents

Also, it is worth checking trademarks. Nonfunctional features of a product can be the subject of a trademark registration.

Review of patent...
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Q: Is 5 years too long for a house-flip?

1 Answer | Asked in Real Estate Law and Business Law for California on
Answered on Jul 10, 2017

What are the contractual agreements re: the turnaround time? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
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Q: If handyman charges by the hour instead of job & w/o written contract, can he work w/o a license if paid more than $500?

2 Answers | Asked in Business Law, Contracts, Employment Law and Consumer Law for California on
Answered on Jul 9, 2017

He would be an illegal contractor and subject to prosecution by the State Contractors Licensing Board. If injured on your job at your residence he can sue you and you should hope you have workers' compensation insurance coverage in your fire insurance policy. If that's your situation call your ins. broker.
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Q: Is this company real and is what they are having me do legal?

1 Answer | Asked in Business Law and Consumer Law for California on
Answered on Jul 8, 2017

You can research the company with the Attorney General's office, check their online reviews, and talk to a lawyer. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law:...
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Q: Can a talent manager based in foreign country sign with US actors and perform the service for them?

1 Answer | Asked in Business Law, Contracts and Immigration Law for California on
Answered on Jul 8, 2017

Sure, so long as they're licensed in CA as a talent agent, and have a business license to do so. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts,...
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Q: Business License

1 Answer | Asked in Business Law for California on
Answered on Jul 5, 2017

It depends on whether you file a fictitious business name or not. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
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