California Business Law Questions & Answers

Q: What happens if you breach an NDA after the company has breached your contract and has not invoiced you?

1 Answer | Asked in Business Formation, Business Law, Contracts and Employment Law for California on
Answered on Jul 18, 2018
Richard Gary Burt's answer
In California, a non-compete between a company and a former employee is invalide. That is, in California, a company cannot legally require an employee not to compete with the employer after the employment has terminated. This applies whether or not the company has breached the employment agreement and whether or not the employee has breached the employment agreement.

The obligations of an NDA might be independent of any obligation of the company (it depends on the facts). Any claim for...
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Q: Hello, If I have a judgement against me, in my name, can the other party put a lien on my business bank account?

1 Answer | Asked in Banking, Business Law and Small Claims for California on
Answered on Jul 17, 2018
Thomas A. Grossman's answer
If the Judgment has been entered and served on you, the creditor can file a Writ of Execution and execute on your personal bank accounts(s). If your business is also named in the Judgment, the creditor can also execute on your business account. Sometimes banks screw up and allow their employees to allow execution on your business accounts by the creditor, even though that account has not been named in the Order. Caveat emptor.
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Q: Who do I need to get a hold of? I live in California's poorest county. The town I live in has only 1 service station.

2 Answers | Asked in Consumer Law, Business Law and Energy, Oil and Gas for California on
Answered on Jul 17, 2018
William John Light's answer
File a complaint: https://apps4.cdfa.ca.gov/AirWaterComplaint/
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Q: My small business is being increased over 3% with only a 30 days notice. What do you recommend I do? Please help

1 Answer | Asked in Business Law for California on
Answered on Jul 17, 2018
Thomas A. Grossman's answer
Your question makes no sense. You need to give an attorney some facts to get an answer.
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Q: I have document s of of former landlord who fordury marriage certificate and life insurance over10idenitys

1 Answer | Asked in Business Law, Insurance Defense, Land Use & Zoning and Mergers & Acquisitions for California on
Answered on Jul 15, 2018
Thomas A. Grossman's answer
You have not explained what is going on, nor what you want to be answered.
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Q: What case can I make against an apparel manufacturer who violated deadline agreements and botched samples intentionally?

1 Answer | Asked in Business Law, Contracts and Small Claims for California on
Answered on Jul 13, 2018
Thomas A. Grossman's answer
If you can prove that the company intentionally violated agreements and botched samples, then you would have a good case for fraud and (assuming you have a contract with the company) breach of contract. However, it is often difficult to prove an act was intentional, rather than negligent. Most people lie about their actions, so you would need to have witnesses testify in Court on your behalf, or some good documentation confirming your accusations. Either way, in my opinion, you would have a...
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Q: Hi , iam a small buiness in california ( sole proprietorship ) i have not obtained my workers composition yet

1 Answer | Asked in Business Law for California on
Answered on Jul 11, 2018
Thomas A. Grossman's answer
The answer depends on a lot of things: Whether he was an employee, a part-time employee, or an independent contractor; whether he was at work or someplace else when the accident happened. If he tripped over a branch at home, that would not be a worker's compensation claim. If he tripped over a branch while working for you, he would probably have a worker's compensation claim. If he had previously injured his knee, and he hurt himself at work, he would still probably have a worker's...
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Q: My vacation accrual was maxed out.Then there was a vacation freeze for project I was on.Do they owe me the time lost?

1 Answer | Asked in Business Law for California on
Answered on Jul 10, 2018
Thomas A. Grossman's answer
I don't know how much vacation time you were offered, so I cannot answer your question. If it was cumulative time, you should be able to claim all of it as vacation time. I would read your contract with your employer, if you have one. It may clear this up.
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Q: Hi. I want to open my small Home Based business. And 1. I Want to know what kind of licenses do i need?

1 Answer | Asked in Business Formation and Business Law for California on
Answered on Jul 5, 2018
Thomas A. Grossman's answer
First of all, when you say "home based business," I assume you mean you are going to operate you business from your home. If that's the case, if you live in a condo development or other planned unit development, you may have to clear it with the HOA. Some HOA rules allow you to operate a small business at home as long as you do not create a lot of traffic and parking issues due to your business. You will probably need a City License for the business, and you'll need to set up a tax account...
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Q: My grandmother past away 1995 and d the funeral was in Los Angeles but I don't think there's any probate for her. My g

1 Answer | Asked in Business Law and Probate for California on
Answered on Jul 5, 2018
Thomas A. Grossman's answer
Unfortunately, so much of the history you provided happened in the past, that I don't know that you can straighten it all out now. Probate attorneys are very expensive, and they will probably want a big chunk of money right up front. You can try calling around and see if some attorney will take your case on a contingency basis, but I don't think that will happen. There is so much paperwork and documents to unravel, and people that you must find and serve, that this will be an overwhelming...
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Q: California Automatic Renewal Question: Is a company required to notify you each year before your contract renews?

1 Answer | Asked in Business Law and Gov & Administrative Law for California on
Answered on Jul 3, 2018
Thomas A. Grossman's answer
Many times when you sign up for a utility, phone service, cell phone service, cable service, etc. the contract papers include an automatic renewal clause. If the contract is done over the internet, few people actually read the terms of the contract on the internet as these contracts are usually very long and hard to understand. My personal position on this is that I will always call and challenge a company that has automatically renewed a contract without my knowledge or approval, if it is a...
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Q: My parents receive a tax bill and a lien has been put on their 1/3 interest of timberland.

1 Answer | Asked in Business Law, Real Estate Law, Tax Law and Collections for California on
Answered on Jul 1, 2018
Thomas A. Grossman's answer
Yours is a complicated question, and a sad situation. There is not much you can do about the mobile home, since it was sold and the Park is closed. As to your parents being hit with a 1/3 tax bill and lien, I think they will have to pay the Bill to get the Lien on the land removed. Without knowing all the facts, I cannot give you further advice. As it is, I am only guessing at what needs to be done. I would seek out a lawyer near you for advice. Good Luck.
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Q: In regards to food, can I use a branded product as a main ingredient for a recipe?

1 Answer | Asked in Business Law for California on
Answered on Jun 28, 2018
Thomas A. Grossman's answer
I think you can use any product you buy as an ingredient in a food product, especially if it is your own recipe. As to calling the final product the same name, you me get yourself in trouble there, as the name may be trademarked.
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Q: Can I sue if a restaurant if I was harassed until I gave him an answer if I was a transsexual or not & I am not.

1 Answer | Asked in Business Law for California on
Answered on Jun 28, 2018
Thomas A. Grossman's answer
Probably, but I doubt you would get much in the way of damages. Now, if you were refused entry to, or service from, a restaurant because of your sexual orientation, that would be a civil rights matter. My answer depends partly on who the person was who harassed you. If it was the owner or manager, you could file a complaint against him (or her). If it was one of the waiters or waitresses, you could have gone directly to the manager or owner to complaint. The bottom line is, while the...
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Q: Making money from video games in public places.

1 Answer | Asked in Business Law, Gaming and Copyright for California on
Answered on Jun 24, 2018
John Espinosa's answer
The owners of the legal rights of those games would probably not take kindly to you infringing on those rights and profiting from it. Their rights are enforceable internationally. Your best bet is to reach out to the owners and ask for permission to do this.
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Q: Can a bar in ca offer pre packaged marajuana items from a legal dispensary as prizes in a skill game machine

1 Answer | Asked in Business Law and Gaming for California on
Answered on Jun 24, 2018
Thomas A. Grossman's answer
I don't know the answer, but I would guess that it depends on 1) the skill game machine; 2) whether the sate where the Bar is allows the sale of marijuana; and 3) whether the Bar allows such a prize to be given to a minor. That's the best I can do.
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Q: I have an ESA dog and the office we are leasing is not allowing my dog to be here. Do I have the right to bring her?

1 Answer | Asked in Animal / Dog Law and Business Law for California on
Answered on Jun 21, 2018
Thomas A. Grossman's answer
The easy answer is that you can find out what your rights are on the internet. Just look up a website called "Dogs for Better Lives." Their website is www.dogsforbetterlives. They provide a lot of information.

I assume that an "ESA dog" is an "emotional support dog." That may pose some problems. While I am familiar with service dogs for the blind, hearing-impaired, and handicapped (who are usually trained for a specific task), I don't know what kind of training an ESA dog gets....
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Q: I live in California and i’m month to month on my lease

2 Answers | Asked in Business Law, Land Use & Zoning and Real Estate Law for California on
Answered on Jun 20, 2018
Thomas A. Grossman's answer
Assuming you have a written month-to-month rental agreement, a landlord can change the terms of the agreement (e.g. increase the rent) upon giving you 30 days notice. You can either accept the additional $30/month in rent, and continue living where you live, or you can leave within 30 days and find a new place to live. I have not seen the exact wording of the note that the landlord left on your door, but if it does not give you proper Notice, then you can ignore it. 30-day notices must be...
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Q: Can I force Sony to delete my personal data in messages on their system?

1 Answer | Asked in Consumer Law, Business Law, Gaming and Internet Law for California on
Answered on Jun 12, 2018
William John Light's answer
Your personal data, in all likelihood, belongs to Sony. As a result, you are asking if there is a way to force Sony to delete its own property, which you consented to it giving to it. I doubt that is possible.

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