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California Business Law Questions & Answers
1 Answer | Asked in Consumer Law, Products Liability, Business Formation and Business Law for California on
Q: Is it illegal to resell abandoned used cloths?
Leon Bayer
Leon Bayer answered on Jan 19, 2022

Selling used clothes is legal.

1 Answer | Asked in Contracts, Business Law, Civil Litigation and Legal Malpractice for California on
Q: Where does it say in California law that a trustee must maintain trust assets (i.e. rental property for beneficiary)?

In this situation, rental income is to be used for the beneficiary's Special Needs Trust. There is a home that needs to be cleaned and rented yet the trustee has not done anything to take control of the property, clean and get it back on the rental market. I feel this is a breach of his... Read more »

Joel Gary Selik
Joel Gary Selik answered on Jan 17, 2022

Anyone, with good reason, can petition the court to have the trustee replaced. Failure to fulfill the fiduciary duties is a good reason for replacement.

2 Answers | Asked in Personal Injury, Contracts and Business Law for California on
Q: Voluntary Withdrawal of a Partner Long Question please read section below, could use your help!

Hi I am trying to find out if this clause in a contract is illegal:

Voluntary Withdrawal of a Partner

39. Any Partner will have the right to voluntarily withdraw from the Partnership at any time. Written notice of intention to withdraw must be served upon the remaining Partners at... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Jan 7, 2022

It would be very imprudent for a lawyer to give you advice based on the limited information you provided. You should ask an attorney to read the whole contract and then sit down and discuss with you. Most likely would only require you to pay for one hour of their time.

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2 Answers | Asked in Contracts, Employment Law and Business Law for California on
Q: California enforcement of non-solicitation contracts by an LLC?

I am employed, in CA, "at will" with a Limited Liability Company, SSG, that provides services to schools. I am hourly. I signed a No Solicitation agreement- that I wont accept employment, with the client (school) I have been assigned, during and 2 years after termination. I signed this... Read more »

Neil Pedersen
Neil Pedersen answered on Jan 1, 2022

Business and Professions Code section 16600 makes unenforceable any contract that limits your ability to carry out your profession. Non-solicitation and non-compete provisions in contracts are therefore unenforceable, and any new employer that determines not to hire you based on knowledge that... Read more »

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2 Answers | Asked in Contracts, Employment Law and Business Law for California on
Q: Non-solicitation agreement between me and LLC; also between LLC and client.

I am employed, in CA, "at will" with a Limited Liability Company, Stepping Stones Group, that provides services to educational institutions. I am hourly. I started 3 months ago. Included in my offer letter, was an employment agreement. A section of the agreement, under "No... Read more »

Jonathon Maddox
Jonathon Maddox answered on Dec 31, 2021

Provided there’s no other relevant facts here, the Non-solicitation/non-compete clause would be enforceable.

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2 Answers | Asked in Employment Law, Business Law, Collections and Employment Discrimination for California on
Q: Hi, I gave a weeks notice at work because I got a far better job that wanted me to start ASAP, my last day was the 28th

My 2 questions are 1) am I owed a days wages for every day after the 28th my check is late, because I read online if you give over 72 hours notice they have to have your check ready on your last day and will be penalized if it's not, and 2) do I have to sign anything prior to receiving my... Read more »

Neil Pedersen
Neil Pedersen answered on Dec 30, 2021

If you worked for a California non-government employer, and if you can prove the withholding of your final paycheck was willful, then you are entitled to get not only your final pay, but also Waiting Time Penalties equal to one day of pay for each day you are made to wait for your final paycheck,... Read more »

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1 Answer | Asked in Family Law, Real Estate Law, Business Law and Civil Rights for California on
Q: Hi, I am being harassed every single day, by a neighbor. The management is not doing anything. What should I do?

Hi, I am being harassed every single day, multiple times a day by a neighbor. She keeps calling and using security as a way to harass me and bully me every single day. (Anytime she hears me on the phone or when she hears something). She just won’t leave me alone. The management knows. I have... Read more »

Louis George Fazzi
Louis George Fazzi answered on Dec 27, 2021

You can file your own harassment claim against this neighbor. all the necessary forms are available on the Court’s website (https://www.courts.ca.gov/forms.htm?query=civil%20harassment). See form CH-100-Info on the instructions whether or not you have an appropriate case for civil harassment... Read more »

1 Answer | Asked in Government Contracts, Banking, Business Formation and Business Law for California on
Q: I received an email from " Jerome Powell " saying the federal reserve bank has millions o dollars in my name . There

Supposedly their is a large fund from the imf that belongs to me , it's been going on for 4 yrs now . What are the chances it's real ? I have acct numbers docket numbers but where can I validate them

Julie King
Julie King answered on Dec 27, 2021

It's almost certainly SPAM, but a lawyer would need to look at the actual email to tell one way or the other. Look at the email address from which it came. Does it end with .gov or .com? All government addresses should end with .gov. Also, if they ask you for your social security number or... Read more »

1 Answer | Asked in Employment Law and Business Law for California on
Q: California Labor Code 132a will it work to get my employer

I told my employer I was going to return after months of being in disability due to pregnancy related issues. Since he have a small business he told me I was not able to return since he can not afford another employee he has 3 employees. I did not told him I was going to file a worker compensation... Read more »

Julie King
Julie King answered on Dec 19, 2021

If a lawyer advised you to file a fraudulent workers compensation claim, you need a new lawyer. There are serious penalties for filing false claims. Don’t do it. See a different lawyer and file for unemployment.

2 Answers | Asked in Business Law, Contracts and Federal Crimes for California on
Q: I need to know if I can get out of contract. Possible fraud.

I paid $50,000 to a company that promised to open and after that manage Amazon and Walmart stores for me. They promised a 20-40% return on investment monthly.

It has been three months and no work has been done. It’s very hard to get hold of anybody at the company and all communication is... Read more »

Yelena Gurevich
Yelena Gurevich answered on Dec 13, 2021

Attorneys cannot solicit your business here. This is a forum where we can answer specific questions about general legal principals. You will need to use the find an attorney feature and call attorneys to have consultations and get quotes as to fees for the legal work you may need. Good luck.

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1 Answer | Asked in Business Formation and Business Law for California on
Q: Operating Agreement

Good afternoon.

A legal entity (LLC) has been established. One of the documents required to do business is the Operating Agreement. The problem is that some of the members are non-U.S. residents. Because of the epidemiological situation, we cannot be physically present in the United States.... Read more »

D. Steven Yahnian
D. Steven Yahnian answered on Dec 5, 2021

In California, electronic signatures and photocopied signatures are as legally valid as originals for most legal documents that do not need to be recorded. LLC operating agreement signatures do not need to be notarized unless the document will be recorded. However, I have never seen an LLC... Read more »

1 Answer | Asked in Business Formation, Business Law and Cannabis & Marijuana Law for California on
Q: How to respond to an Entry of Default?
Julie King
Julie King answered on Dec 1, 2021

If you don't know what to do, you should go to the self-help center of your local courthouse or, if there is none, hire a litigation attorney. Getting a litigator to help you is clearly the best route because you are already behind the eight ball, as they say. Do not delay. This is VERY... Read more »

1 Answer | Asked in Business Law for California on
Q: I have a privately held c corp that still has the initial stock valuation from 2004. Need to adjust for IRS.

If possible can you give me the correct IRS 1120-c form that I will need to prepare and file?

Julie King
Julie King answered on Nov 20, 2021

Most tax forms are available on the IRS' website. You can get them yourself without a lawyer or CPA. www.irs.gov/forms-pubs/about-form-1120-c

1 Answer | Asked in Business Law, Mergers & Acquisitions and Tax Law for California on
Q: I owe the CDTFA a tax balance generated by my business corporation that I no longer own. do I have liability protection?

The company was sold but only the assets were acquired. Does the tax debt fall on me personally?

David S. Greenberg
David S. Greenberg answered on Nov 18, 2021

Section 6829 of the Revenue and Taxation Code provides that the California Department of Tax and Fee Administration (CDTFA) may pursue collection action against certain corporate personnel for any unpaid corporate sales and use tax liability.

1 Answer | Asked in Business Formation, Business Law and Landlord - Tenant for California on
Q: If I’m renting a workspace biweekly and I sign a contract stating I have to give a 45 day notice, is that binding/legal?

Since I rent biweekly shouldn’t I only have to give a weeks notice?

Julie King
Julie King answered on Nov 17, 2021

People are allowed to enter into contracts providing any terms they want, so long as the terms are legal (i.e., if you had a contract to murder someone, the terms would not be legally enforceable in court.) Since it’s perfectly legal to include any number of days’ notice prior to termination,... Read more »

1 Answer | Asked in Consumer Law, Contracts, Business Formation and Business Law for California on
Q: How do I obtain text messages from Verizon when a client is wanting to sue me? I need proof through texts.

I need to obtain text messages from a year ago from my cell phone account. I’ve been through the steps through Verizon but they are not accessible through my iCloud. I need to find another alternative to pull those messages prior to having to take it to court. Is there a way that can be done?... Read more »

Nadine Sameer Deeb
Nadine Sameer Deeb answered on Nov 11, 2021

You could try subpoenaing them, but your attorney should already know that, unless it's small claims court or you don't have an attorney. You also have no guarantee that you'd get them, since Verizon is under no obligation to keep a copy of your messages for that long.

1 Answer | Asked in Business Formation, Business Law and Patents (Intellectual Property) for California on
Q: I registered a web name LLC name with state and all variations and LLC operating agreement partner didn't sign

He has done many illegal things and I want to keep name and he didn't put in the time nor sweat equity nor capital and while he didn't sign operating agreement it calls for name being returned to me not only that he has restraining orders trying to get permanent for threatening my life,... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Nov 5, 2021

I do not see any indication that this is a patent law question.

This seems to be a business dispute that will turn on the facts. This is not a good candidate for a web site Q&A. You will need to find an attorney that handles business disputes in the relevant state and lay out the...
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1 Answer | Asked in Business Law and Civil Rights for California on
Q: Question about forms, format, and length of answer.

I was sued in a Civil-unlimited Business Tort case, and have no money for a lawyer. All the claims are completely and provably false. I've written an extensive answer, but don't know which forms to use or to whom to send the answer in what format.

My answer was long, going point... Read more »

Louis George Fazzi
Louis George Fazzi answered on Oct 19, 2021

If you have a homeowner's policy, you should tender the lawsuit to your homeowner's insurance carrier.

All that is required is that you answer the complaint. Nothing more is required at this point. However, it is important that you include all the affirmative defenses that you may...
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1 Answer | Asked in Consumer Law and Business Law for California on
Q: I ordered an item online, then cancelled the order. The order was delivered to me, and my money was also refunded.

Can I keep it... with out getting in trouble legally?

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Oct 17, 2021

... or you could do the "right thing" ... make a decision as to whether you want the item or not ... and notify the company ... and either pay for it or return it ... many companies are struggling

1 Answer | Asked in Business Law for California on
Q: What is the law about paying someone their final paycheck when they resign? I am in California

I resigned from my job at UCSD after 11 years, last day was 10/7. I am being told I will not get my final paycheck until 10/27 which will include my PTO payout. I thought the law was they have to pay you out immediately. I called HR and was told they don’t follow that rule, is that legal? If... Read more »

Julie King
Julie King answered on Oct 12, 2021

No, it is not legal. If an employee doesn’t have a written employment contract for a certain period of time (i.e., a one year term) and voluntarily quits her job:

(1) If the employee gave at least 72 hours’ prior notice of that she will be quitting, the employee must be paid her final...
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