California Business Law Questions & Answers

Q: Am I bound to an agreement that wasn't countersigned even if I signed, sent a 50% deposit, and work has started?

1 Answer | Asked in Contracts, Arbitration / Mediation Law and Business Law for California on
Answered on May 27, 2017

Have a lawyer review the contract and the facts to determine your rights and duties. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. 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 boyfriend got in a argument with his whole family and he hit his sister boyfriend with a bottle

1 Answer | Asked in Business Law, Divorce and Domestic Violence for California on
Answered on May 26, 2017

He may face felony assault/ battery charges, and the sentence depends in part on his priors. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. 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,...
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Q: What kind of licencing and fees in order to open this business?

1 Answer | Asked in Business Law and Business Formation for California on
Answered on May 26, 2017

You may need a contractor's license and a business license, at least. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. 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,...
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Q: What are the rules concerning cancelling a non month-to-month copier maintenance contract in California? Thank you!

2 Answers | Asked in Consumer Law, Contracts and Business Law for California on
Answered on May 26, 2017

What does the contract say? That is key. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. 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. This answer...
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Q: If I sold my share of a small business , and that buyer's lease gets terminated after 14 months, can he come after me?

1 Answer | Asked in Business Law for California on
Answered on May 24, 2017

It depends on the terms of your sale agreement and any contracts you made in your business with clients and 3rd parties. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. 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: if I was to start a music label could I use the name Universal Digital Group or would that conflict with Universal music

2 Answers | Asked in Business Law, Copyright, Business Formation and Trademark for California on
Answered on May 24, 2017

The test for infringement under Trademark Law looks at the likelihood of confusion for an ordinary consumer. You would ask whether an ordinary consumer is likely to be confused over the provenance of a product or service. Trademarks are product-specific, which is why there can be a Klein Honda as well as a Klein bicycle brand without there being a likelihood of confusion. In your case, however, it seems as though you would be in the exact same product space, and it would be very likely that a...
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Q: The job interview I went to, the job description sent to me, the offer to me, and the job I accepted was a..

1 Answer | Asked in Employment Law, Workers' Compensation, Business Law and Employment Discrimination for California on
Answered on May 23, 2017

Sounds to me like fraud and breach of contract. I recommend you find a competent employment law firm to assist you with your claims.
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Q: If I decided to sell/make things as a hobby, and it doesn't earn me a lot cash to live off of,do I get a licence

2 Answers | Asked in Business Law, Tax Law and Business Formation for California on
Answered on May 21, 2017

If you sell products or service, you may be required to obtain a business license from the city you conduct your business in, regardless of your profit. Contact your city. The way you described your operation, the IRS may not allow you deduct your expenses, unless profit motive and proof thereof, if questioned. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. Neither is it intended for solicitation...
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Q: Trying 2 get my life back after jail for att. Murder, & want to apply for a dealer's license, what is moral turpitude?

1 Answer | Asked in Criminal Law and Business Law for California on
Answered on May 20, 2017

Bad, something that is inherently bad--the bad cannot be removed. For example, theft is bad and against the law, but driving without a license is simply against the law. Generally, crimes that are dishonest or violent are crimes of moral turpitude.

State licensing boards are there to check someone out and issue a license to someone that the public can trust, or, if not, can be reported to the board. A license lets the public know that the licensee has been vetted and will have their...
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Q: w/4 exact scenarios can commissions be provided to who operations feels like givinig it to? my territory but given away.

1 Answer | Asked in Contracts, Employment Law, Business Law and Employment Discrimination for California on
Answered on May 17, 2017

What are the reasons for these changes from the policy? They may be valid or not - have a lawyer look at the facts.

See: http://www.aeesq.com/business-law/employment-lawyer/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. 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...
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Q: can a company change its fiscal year by 1 month and adjust sales commish to 13 months instead of 12. contract is annual

1 Answer | Asked in Business Law, Contracts and Employment Law for California on
Answered on May 17, 2017

This may qualify as a breach of your employment agreement.

See: http://www.aeesq.com/business-law/employment-lawyer/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. 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: Does this guy have a case?

1 Answer | Asked in Collections, Business Law and Contracts for California on
Answered on May 11, 2017

What authority did you have to speak on your employer's behalf? Speak to a lawyer to assess any possible liability you may be facing.

See: http://www.aeesq.com/business-law/business-lawsuits/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website,...
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Q: I am in a lease for equipment purchased and upon reviewing my statement I am being charged 56% interest. Is this legal?

1 Answer | Asked in Business Law, Contracts and Consumer Law for California on
Answered on May 9, 2017

That sounds illegal. You can report that to the department of consumer affairs of CA. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. 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: Who is authorized to deny my request for a stock option extension?

1 Answer | Asked in Employment Law and Business Law for California on
Answered on May 9, 2017

Have a lawyer review the related contractual documents and communications. It also depends on what powers the Board delegates to the company's employees in such matters.

See: http://www.aeesq.com/business-law/employment-lawyer/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on...
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Q: Do I need a business license for a small hobby

1 Answer | Asked in Business Law and Gov & Administrative Law for California on
Answered on May 8, 2017

It depends on the hobby and whether it's a regulated activity. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. 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...
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Q: Do I have a case here?

1 Answer | Asked in Business Law, Civil Litigation, Small Claims and Consumer Law for California on
Answered on May 5, 2017

It sounds to me like you may have a good case for what is called specific performance, and also a claim for false advertising. Specific performance means you made an agreement, it is a contract, with another party to purchase what they offered at their price. You can compel them to sell you the product they advertised for the price you agreed to pay. The seller has used a classic "bait and switch" tactic to get you interested so that they could sell you something different and at a higher...
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Q: Is there any way to shut down companies whose purpose is flagging ads to eliminate competition on Craigslist?

1 Answer | Asked in Consumer Law and Business Law for California on
Answered on May 5, 2017

This seems like something that should be resolved with Craigslist. Whether it is "illegal" probably depends on the nature of the ad, what it says, what is being reported about the ad, and why Craigslist flagged it. There aren't enough facts to analyze your issue.
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Q: Graphic design business in Mexico and asked to do design for an american company. How do I go about it?

1 Answer | Asked in Business Law for California on
Answered on May 4, 2017

I don't see any need for that, though you may need to pay US taxes for the income. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. 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: Need statutory authority for sanctions in a case granting monetary sanctions as a part of a motion to disqualify counsel

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

It depends on the facts and the kind of sanctions you're seeking. Start at your local law library. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. 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: Just started a sales consulting business, what licenses/insurance is required?

1 Answer | Asked in Business Formation, Business Law and Contracts for California on
Answered on Apr 21, 2017

Re: licenses, it depends on what industry you're in. You'll need a lawyer to help you draft related contracts. Seek a CPA for tax advice.

See: http://www.aeesq.com/business-law/general-counsel/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website,...
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