California Business Law Questions & Answers

Q: I own a business but also work for a company. Can the company that employs me hire my company as a vendor?

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

You need to ask the company. This situation falls in the category of conflict of interest. Companies have, or should have, their own conflict of interest policies as to what is allowed. Sometimes the company's customer, e.g., the federal government, determines the policy. Compare the situation to the policy.
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Q: I lent money to a club promoter from Nevada. The contract is signed and notarized. Where do I sue him? Nevada or CA?

1 Answer | Asked in Contracts, Business Formation and Business Law for California on
Answered on Sep 15, 2017

Questions like this cannot be answered without reading the contract. It is likely that a contract would say that the tape recording does not matter. The contract might actually have a clause saying where suit must be brought. Your payback and late fees are not the same as most notes in California. It could be prudent to seek counsel and not disclose anything further in a public forum.

See the disclaimer at the bottom of this page.
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Q: I live in CA. I repair appliances. I signed non compete agreement to work with new company. Is it enforced if i quit

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

You should have a consultation with a local employment lawyer. Many offer initial consultations for free. The lawyer is likely to explain that the non compete agreement is not going to be enforceable, and you probably should have been paid during "training".
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Q: I just started my own company and I have found out my old employer is telling my vendors if they sell to me he will

1 Answer | Asked in Business Law for California on
Answered on Sep 13, 2017

If your former employer engaged in wrongful acts (misrepresentation, libel), you may have a valid claim for interference with prospective economic relations

A claim for interference with prospective economic relations requires the plaintiff to prove:

1) The plaintiff and a third party were in an economic relationship that probably would have resulted in an economic benefit to the plaintiff

2) The Defendant knew of the relationship between the plaintiff and the third...
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Q: What is law of refusing service and what can I do about my problem?

1 Answer | Asked in Civil Rights, Business Law and Consumer Law for California on
Answered on Sep 13, 2017

Under Federal law, businesses can refuse service to persons for any reason unless the business is discriminating against a protected class such as race/color, national origin/citizenship status, religion, sex, age, etc. CA has additional protected classes, including marital status, sexual orientation, AIDS/HIV status, etc.

Generally, a business owner cannot refuse service to a person based on arbitrary reasons outside of a protected class. A legitimate reason for refusing service would...
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Q: Hi, I was wondering if I can use an alias, or something that isn't my real name to sign an NDA.

1 Answer | Asked in Contracts and Business Law for California on
Answered on Sep 6, 2017

That sounds like fraud. 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. This answer...
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Q: Is a repo company allowed to refuse to release necessary "life items" and open locked safes contained within the vehicle

1 Answer | Asked in Business Law, Civil Litigation, Consumer Law and Personal Injury for California on
Answered on Sep 1, 2017

Turning the firearm over to police is proper.

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC§ionNum=7507.9.
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Q: will a llc protect me from lawsuits in europe?

1 Answer | Asked in Business Law for California on
Answered on Aug 29, 2017

Under many circumstances, formation of an LLC will protect a member from personal liability for judgments against the LLC. However, there are many grounds on which an LLC member can be held personally liable. For example, not being qualified to do business in a US state or a European country is one ground. This is something that must be done in addition to forming the LLC. The members and the LLC cannot commingle assets. Other facts could also lead to personal liability. You need to tell an...
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Q: I'm looking to start an online t shirt company and need pay someone a one time fee to make a design for the shirt.

2 Answers | Asked in Contracts, Copyright, Business Law and Intellectual Property for California on
Answered on Aug 28, 2017

Yes, this is possible.

From your description, it sounds like you want a work-for-hire contract for a graphic designer or photographer. An attorney specializing in intellectual property or copyright law will be able to assist you. Use the Find a Lawyer function on Justia or contact your state bar association's lawyer referral service to find an appropriate attorney.
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Q: I'm having problems with a federal tax return penalty.

1 Answer | Asked in Tax Law and Business Law for California on
Answered on Aug 27, 2017

Unfortunately, the problem was caused by your filing the delinquent tax return without talking to a tax professional. The penalty must be imposed on the Corporation for late filing K-1s, and you are urged to consult a tax attorney and do not respond to the notices yourself. 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 purposes. For specific advice,...
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Q: What labor code deals with the establishment of a paint shop?

1 Answer | Asked in Products Liability, Business Law and Employment Law for California on
Answered on Aug 24, 2017

The most significant consideration may be Occupational Safety and Health Administration (OSHA) regulations. OSHA covers most private sector employers and their workers in all 50 states. Spray painting is hazardous to employees' health. OHSA has regulations relating to spray painting operations for safety. An attorney, especially one with a technical background, can help you. You may also want to check with your insurance carrier as to whether spray painting presents a risk that is not covered...
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Q: I would like to dissolve my business owned under LLC with other partners. If majority of the owners wants to..

1 Answer | Asked in Business Law for California on
Answered on Aug 22, 2017

Generally, the rights of minority shareholders cannot be ignored. The minority shareholders could claim you never contacted them. Have you actually contacted them in a way in which you can document a non-response? At a minimum, certified mail - return receipt requested should be used.
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Q: May be facing divorce and my spouse owns a business.

2 Answers | Asked in Business Law and Divorce for California on
Answered on Aug 20, 2017

California is a "community property" state. There are detailed rules that determine which spouse owns what. Property may be separate property or community property. There is a possibility that you may share in your spouse's ownership interest in the business. Your question does not indicate who "they" are. The only prudent way to understand what you can get out of it is to provide an attorney with all the facts.
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Q: Can a bank charge you after 8 years for a deposit box just because they don't think you close it properly? Can I ignore?

1 Answer | Asked in Banking, Business Law and Consumer Law for California on
Answered on Aug 17, 2017

A lawyer should review the bank contract and related communications. 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: trying to find a way to hire1099 and no w2.

1 Answer | Asked in Employment Law and Business Law for California on
Answered on Aug 16, 2017

There are fairly well-defined methods for deciding whether someone is an independent contractor or an employee. It sounds like you used a checklist. That is helpful but not may not be binding. IRS has "Publications" which address many issues in detail. It seems as though you need help. You will be investing time and money. You should consult an attorney. There can be significant penalties for making the wrong decision.

See the disclaimer at the bottom of this page.
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Q: What are the laws in California for using a virtual office or home for business purposes? Is it allowed?

2 Answers | Asked in Business Law for California on
Answered on Aug 16, 2017

This is a rather open-ended question. Many corporations use an office services address or a home address. IRS has rules regarding whether you can deduct expenses of a home office. USCIS has rules about whether your business plan justifies a visa. There are different rules for different visas, e.g., L-1 v. E-2.

See the disclaimer at the bottom of this page.
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Q: Legal Right to Verify Educational Background?

1 Answer | Asked in Business Law for California on
Answered on Aug 13, 2017

The person would have to consent to your review of their educational records. 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,...
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Q: Can I dissolve my LLC Partnership but keep my business name?

1 Answer | Asked in Business Formation, Business Law and Trademark for California on
Answered on Aug 9, 2017

Trademarks are "good" if they are uniquely associated with the source of goods and services. The trademark should be owned by the entity that is using it. Trademarks and LLCs are forms of property. A divorce property settlement can determine who will own different pieces of property. An attorney can help sort out what is community property and what is separate property.
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Q: I sued AAMCO Monrovia & won. Haven't collected all award yet. AAMCO's moved. How do I find out if they filed bankruptcy?

1 Answer | Asked in Bankruptcy, Business Law, Collections and Small Claims for California on
Answered on Aug 8, 2017

As a creditor, you would have received notice of the bankruptcy filing in the mail. You could do an internet search for the company to see if anything is available about a bankruptcy. Or, continue to attempt to collect.
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Q: I send money to a company but they didnt provide the service. Can I file a court case to recover money?

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

File a Small Claims case for the amount you lost, up to $10k. That will get their attention.
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