California Business Law Questions & Answers

Q: can I use companies trademarked logos on another brand listing that makes money?

2 Answers | Asked in Business Formation, Business Law, Copyright and Trademark for California on
Answered on Feb 18, 2019
Thomas A. Grossman's answer
Only if you want to risk being sued by the other companies for Trademark Infringement.

Q: I intend to title my LLC , Moving Humanity Forward. These words were trademarked by General Motors. Can I use this?

2 Answers | Asked in Business Formation, Business Law and Intellectual Property for California on
Answered on Feb 17, 2019
Thomas A. Grossman's answer
Since GM has already trademarked that phrase, I think you would have to use another phrase, e.g. "taking humanity forward," etc.

Q: I have used a particular set of words in academia and I am interested in using this as a business title.

1 Answer | Asked in Business Formation and Business Law for California on
Answered on Feb 15, 2019
Thomas A. Grossman's answer
Impossible to answer the question unless we know what the words are. If you want to use your words in a title to your business, you need to first clear them with the Office of the Secretary of State. They process name searches for most incorporated businesses. It is also possible to hold a business title for up to 3 months by paying a fee to the State for that service. You can then renew it a day after the 3 months is up. Your competitor may have only reserved the name. If he or she has...

Q: What permits/licenses are required in unincorporated San Bernardino County CA to sell and sample prepackaged jerky?

1 Answer | Asked in Business Formation, Business Law and Contracts for California on
Answered on Feb 13, 2019
Robert Lopez's answer
Hi, the permits/licenses you will need depend on where you are going to "cook" your product as well as where you are going to sell your food. Since you are planning on making your jerky in unincorporated San Bernardino, CA, you should start with the County of San Bernardino. Their website pages that deal with food preparation is: The best place to start out is http://wp.sbcounty.gov/dph/programs/ehs/applications/. If you are serving the food, you should also check out:...

Q: Hi, which licenses are needed for a business that holds customers money in accounts that they can access across country?

1 Answer | Asked in Banking, Business Formation and Business Law for California on
Answered on Feb 13, 2019
Robert Lopez's answer
Hi, every state is going to have a different law and most will require a slightly different type of license. The most common type of license is a "money transmitter" license. Most, but not all, of these licenses are regulated by each state's Department of Banking Department/Division. Others will be regulated by that state's Attorney General's office. The actual names of the departments/divisions will vary in each state. The cost of each license will also vary, but it may cost you somewhere...

Q: My work 401k is registered to a parent corporation and not the direct corporation I work for is that legal?

1 Answer | Asked in Business Law, Contracts and Employment Law for California on
Answered on Feb 7, 2019
Gerald Barry Dorfman's answer
You may be able to file a Qui Tam action. Depending on the ultimate amounts recovered, some of these can be quite valuable. Look for attorneys who are familiar with the requirements for these types of cases, and have one or more consultations to learn more.

Q: How do I serve a company that has branch near me but possible headquarters 350 miles away in same state?

1 Answer | Asked in Business Law for California on
Answered on Jan 24, 2019
Ali Shahrestani, Esq.'s answer
You need to first find out if it's the same business as the one that allegedly ruined your clothing. The company that's 350 miles away may have the same name but it might not be the same company. Is it a chain store? 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...

Q: I want to trade stocks, but my parents are not u.s residents but applied for visa i-918. Im 16.

1 Answer | Asked in Business Law and Immigration Law for California on
Answered on Jan 24, 2019
Kelli Y Allen's answer
From an immigration perspective , there is not an issue, but I cannot speak to any tax implications.

Q: Based on the information below, is this discrimination or a violation of the Americans with Disabilities Act?

1 Answer | Asked in Civil Rights, Business Law and Education Law for California on
Answered on Jan 14, 2019
Ali Shahrestani, Esq.'s answer
The CA Subject Exam for Teachers is what you're referring to, for those who may not know the abbreviation CSET. If you're given 1 year to complete the CSET from the time you register for the exam, and after registering you request an ADA accommodation, how does that request for the accommodation take away any time for you to study for the CSET? I don't see anything problematic here. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial...

Q: If a government agency causes a company to go bankrupt because of an agency decision that breaks the law...

1 Answer | Asked in Antitrust, Business Law, Constitutional Law and Gov & Administrative Law for California on
Answered on Jan 2, 2019
Thomas A. Grossman's answer
It depends on the circumstances. Despite what we would like to believe, most government agencies are not perfect because they are staffed by government workers who sometimes don't care about their jobs. I have run into this problem many times, and there us no way to win once the agency makes it's decision. Your only alternative then is to sue them, and that is both expensive and time-consuming. And by the time you get a decision from the agency, your business is probably ruined anyway....

Q: My LLC has not been operating or earning any money for years yet I keep receiving these notices for unpaid fees.

1 Answer | Asked in Business Law for California on
Answered on Dec 4, 2018
Thomas A. Grossman's answer
My guess is that you have to file some kind of form with the California Dept. of Corporations similar that will act as a "Dissolution of the LLC." Otherwise the State of California will keep sending you the tax bill. Even if you made no money, I believe you could still owe the Dept. of Corporations some kind of annual fee. I suggest you go on the California Dept of Corporations website and you will find the answer.

Q: Can I get a refund from a gym for initiation fee and monthly dues if i cancel my membership because of their misconduct?

1 Answer | Asked in Business Law and Civil Litigation for California on
Answered on Dec 2, 2018
Timur Akpinar's answer
I do not practice in California, but a place to start could be to read the terms of their membership contract, checking for provisions about cancellation. You could consult with an attorney in California as to what your most cost-effective options could be in light of the amount of damages at hand.

Tim Akpinar

Q: How can I sue Apple for deceptive laptop diagnostic?

3 Answers | Asked in Consumer Law, Personal Injury, Products Liability and Business Law for California on
Answered on Nov 27, 2018
Dale S. Gribow's answer
small claims would be perfect for you if your claim is less than $10,000.

first, send a self-serving letter to whoever you are going to sue setting forth the facts and making a demand.

when they do not respond include the letter with the complaint to show the court you did not want to take up the courts time and had assumed they do the right thing...but they didn't. Thus you had to sue in small claims.

neither side can bring in a lawyer............maybe even contact your...

Q: Is there a timeline to serve the citation? How long does a department has to serve a citation from date of violation?

1 Answer | Asked in Consumer Law, Business Law and Gov & Administrative Law for California on
Answered on Nov 26, 2018
William John Light's answer
Unclear what is happening here, such as: who issued the citation; what is the violation specified on the citation, etc. However, your smog inspector may know the answer to your questions. If there is a legal remedy you are seeking, you will need to consult with an attorney for an evaluation of your specific case.

Q: Started software company on opt extension . But my opt getting expired soon .How to handle my visa status ?

1 Answer | Asked in Business Law and Immigration Law for California on
Answered on Nov 12, 2018
Hector E. Quiroga's answer
Possibly, depending on a variety of factors, including how much you plan to invest and how many employees you plan to have. We recommend you talk with an immigration attorney who has experience with investment visas (EB-5).

Q: Hi my company in Japan is thinking about establishing a rep office in CA. Wondering if we need to pay tax in this case?

1 Answer | Asked in Business Formation, Business Law and Tax Law for California on
Answered on Nov 9, 2018
Paul Martin Vargas' answer
Hi. The company would have to register with California as a foreign entity (foreign means entities outside of California, not just the U.S.). As a result, $800 minimum Franchise Tax to California per year would be due. Also, any activity conducted in California will result in income tax liability for both California and the IRS. There may be offsets due to foreign tax paid and exclusions, but now I'm getting outside the scope of this question. I hope this helps.

Q: we have a sportsmens incorporated under the state of California. Does the California code of corporations take priority

1 Answer | Asked in Business Law for California on
Answered on Nov 4, 2018
N. Munro Merrick's answer
Have no idea what a "sportsmens incorporated" is. I probably is not a corporation. Might be a fictitious name that an individual or a partnership is operating under. With more information, including what it is hour are trying to accomplish, an answer might be forthcoming from someone.

Q: Can a CEO/ President of a sub chapter s corporation in Arkansas legally not pay dividends to shareholders?

1 Answer | Asked in Business Law for California on
Answered on Nov 2, 2018
Thomas A. Grossman's answer
I'm not positive, but I think payment of dividends is optional in a Sub S Corporation if the President has a majority interest in the shares.

Q: can you be a transaction coordinator with out setting under a broker

1 Answer | Asked in Business Law for California on
Answered on Oct 22, 2018
N. Munro Merrick's answer
That depends on exactly what you would be doing as a "transaction coordinator". It also depends on what you mean by "setting under a broker."

Q: A possible case of extortion and defamation?

1 Answer | Asked in Consumer Law, Business Law, Civil Litigation and Libel & Slander for California on
Answered on Oct 17, 2018
William John Light's answer
It's possible. Defamation is a false statement of fact. Negative opinions are not defamation. It depends what she said and how it compares to the truth.

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