California Business Law Questions & Answers

Q: If someone else applies for a lease contract on business equipment, but I sign it for that person, am I bound to it?

2 Answers | Asked in Business Law and Contracts for California on
Answered on Nov 14, 2017

I do not know what thoughts are in the leasing company's head. However, they might feel that you signed the contract so you are a party to it and you are liable. As a practical matter, it looks like you have been left holding the bag. You appear to be the only target that is available to them.

The facts are incomplete, but it looks like the leasing company may have a leg to stand on. It does not sound like you signed it the manner that would make it clear that the signature was only for...
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Q: Defendant in CA Civ Court was removed as defendant w/out plaintiff notification or input. How can plaintiff respond pls?

1 Answer | Asked in Business Law for California on
Answered on Nov 11, 2017

Consult with a local attorney.
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Q: Where do I find loan documents where I am using my business's lease to a store as collateral?

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

Since you are a start up company, you should probably start by doing things right: consult with a business attorney to determine how best to solve your problem.
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Q: We have a DBA registered under a social security. How can I transfer the DBA to an S-Corp?

1 Answer | Asked in Business Law for California on
Answered on Nov 11, 2017

You should ask this question of a lawyer who is also a CPA.
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Q: Who pays taxes for the current fiscal year during a small business aquisition?

1 Answer | Asked in Business Formation, Business Law, Mergers & Acquisitions and Tax Law for California on
Answered on Nov 10, 2017

If the terms of the purchase and sale are drafted by an attorney who knows their business, the only thing you will be obligated to pay for are the assets you buy and any debts you agree to assume. If you in fact are going to buy substantially all of the assets of the business then you need to make sure you are properly protected so that both creditors and government agencies do not have a claim against you.

So you need to know what the debts and taxes that are currently owed by the...
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Q: Can I write off contributions to my IRA if I own my own business?

1 Answer | Asked in Banking, Business Law and Tax Law for California on
Answered on Nov 9, 2017

401(K) and SEP-IRA will be funded and deducted by the S corporation. Regular IRA would be deducted on the 1040 form your earned income, not from K-1 distribution. Whether you can take regular IRA, you should ask the tax preparer, because it is based on the figures on the 1040. The information presented herein is for general purposes only. It is not intended for, and may not be construed as legal, tax, or accounting advice, or business solicitation. For specific advice, please consult a tax...
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Q: Can you deny service to someone leaking bodily fluids?

1 Answer | Asked in Business Law, Civil Rights and Consumer Law for California on
Answered on Nov 6, 2017

If you are the owner of a business which is open to the public, you cannot discriminate against people with disabilities no matter how unpleasant it may be. If the person is a frequent visitor, you could always approach them to see how you could accommodate them without disturbing your other patrons. It is best to try to come to an accommodation which will suit you and the patron.
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Q: Can a city choose to allow cannabis related businesses even if it is banned inside the same county?

1 Answer | Asked in Business Law, Civil Rights and Municipal Law for California on
Answered on Nov 6, 2017

The short answer is probably yes. Many small cities are looking to take advantage of the relaxed marijuana laws as a source of income for the residents.
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Q: I owe money to the husband of the owner of the beauty salon I patronize. She has told me I am not welcome in her salon

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

Is there any limitations/constraints existed in agreement between contractor and your stylist as to who will be allowed to enter into their salon.
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Q: I am a full time high school teacher, according to the law, can I also set up my own company?

1 Answer | Asked in Business Formation and Business Law for California on
Answered on Nov 5, 2017

According to law, your efforts to general income fall under "conflict of interest" However, for more specific advice, consult Atty. of your local jurisdiction for specific advice and guidance as to how you can form an Academy in your own free time.
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Q: is having access to another businesses top secret data and ways of work illegal?

1 Answer | Asked in Business Formation, Business Law, Employment Discrimination and Employment Law for California on
Answered on Nov 1, 2017

This sort of thing can lead to expensive consequences. Many questions need to be looked at. How did the employee get the data? Is the other company a competitor? What do you want to do with the data? The situation should be reviewed by an attorney in order to evaluate your options.
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Q: If someone continues paying a bill for 5 months does that confirm they are in agreement to the rate or price billed?

1 Answer | Asked in Business Law and Consumer Law for California on
Answered on Oct 27, 2017

Depends on mutual choice ... buying at a rate already agreed/billed does not make buyer liable to claim refund of difference if not disputed or wrongly charged..
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Q: Is it possible to write-off a new laptop if I need it for work?

1 Answer | Asked in Business Law for California on
Answered on Oct 27, 2017

Your question do not elaborate much. Anyway, Laptop of either specification depends on the need of job that suits your work. Better consult with an IT person who could illustrate/display you different specs of laptop and which one suits best for written off.
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Q: Can Pawnbrokers in CA STATE charge a late fee when due date lands on a closed Sunday and payment made the next open day?

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

most things like this are controlled by the contract you signed.

However in most case when due date falls on a sunday or holiday it goes over to the next date.

either hire a lawyer to make a call or sue in small claims court
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Q: Hello, I have a shared medical office with another pediatrition. I subleased the office and when i started my practice

2 Answers | Asked in Business Law and Employment Law for California on
Answered on Oct 24, 2017

You raised couple of questions: Usage of a shared employee or hire of an office manager to manage your office partially without defining of job description, nature and/or time required to perform it, range of payments thereof. Issues you identified were bound to emerge someday as you noticed now.

With your limited details, may I suggest you to review the whole situation afresh. If you want her to continue, then draw a proper contract, as in vogue, based on the specifications of jobs...
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Q: How to draft a non compete, non disclosure agreement for software concepts under development

3 Answers | Asked in Business Law for California on
Answered on Oct 22, 2017

You should have a business attorney handle this for you. A full consultation would be necessary to properly advise you.
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Q: (S-Corp ) Cal. We want to offer up to 5% in Preferred stock in return for performance. What doc would i need to draft?

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

You can do an employment agreement or consulting agreement with this person, assuming that you've already issued shares.

A full consultation would be necessary to properly advise you.
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Q: Starting company in Santa Clara CA. Owners are 2, me + Russian lady living in russia. Should we do C or S corp or LLC?

1 Answer | Asked in Banking, Business Formation, Business Law and Contracts for California on
Answered on Oct 20, 2017

An S-corporation is not available for non-US citizens. The other details need to be discussed with an attorney. The information above is sketchy.
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Q: My business partner is avoiding me, how do I use my majority right to regain control of my business?

1 Answer | Asked in Business Law and Contracts for California on
Answered on Oct 16, 2017

Your rights here really depend on what the partnership agreement says and what powers it gives you as the majority partner.

It also depends on whether this is a limited partnership, an LLC, general partnership, etc.

A full consultation would be necessary to properly advise you.
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Q: How to legally open and operate marijuana cafe in CA.

1 Answer | Asked in Legal Malpractice, Real Estate Law and Business Law for California on
Answered on Oct 16, 2017

These are not the kind of question for which you can expect free legal advice on the internet. You need to retain an attorney to get in depth legal advice.
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