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one partner has put in 80k and the other has put in 30k but now wants to dissolve the company and other partner does not want to
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answered on Oct 15, 2024
As you might imagine, a few initial questions for you: [1] is there a signed shareholder's agreement for the corporation ... [2] what are the written documents that support the "50%" ownership and how does that ownership reflect the 80k - 30 k split ... and [3] do you have a signed... View More 
The false information which gave false employment dates and reason for leaving (I resigned, but the subordinate said I was fired) has resulted in my conditional job offer with the county to be withdrawn. In addition, the subordinate also circulated damaging rumours to my colleagues ( I am a nurse... View More
answered on Oct 9, 2024
There could be potential defamation and other statutory liability here. For example, California Labor Code § 1050 prohibits ex-employers from intentionally interfering with your attempts to find a job by giving out false or misleading job references. However, there are numerous exceptions to... View More
The false information which gave false employment dates and reason for leaving (I resigned, but the subordinate said I was fired) has resulted in my conditional job offer with the county to be withdrawn. In addition, the subordinate also circulated damaging rumours to my colleagues ( I am a nurse... View More
answered on Oct 9, 2024
The short answer is maybe yes. More would need to be known. You say this person who stated the falsehoods was a subordinate. That suggests the person was not authorized by the company to speak on its behalf. Under those circumstances if the subordinate makes knowingly false statements of past... View More
My dad passed away in 2023, with no will or anything to prepare for this type of event. My uncle co owned a few stores that him and my dad shared. After the passing of our father, my uncle my sister and myself all came to a verbal agreement on what would happen with my dads share in the stores. my... View More
answered on Sep 27, 2024
The answer is: It depends. When someone in California dies, an analysis must be done to determine the total value of ALL assets that person owned (with the exception of a few assets, but a business is NOT one of the exceptions.) If the dollar amount of the assets totals $154,500 or higher, then... View More
My dad passed away in 2023, with no will or anything to prepare for this type of event. My uncle co owned a few stores that him and my dad shared. After the passing of our father, my uncle my sister and myself all came to a verbal agreement on what would happen with my dads share in the stores. my... View More
answered on Sep 27, 2024
Your situation involves more than one area of law, including partnership, contract and probate. You can not solve such a complex situation by posting on an online forum. In fact, it is not in your interest to do so, as anyone, including your uncle and other interested parties, can see what you have... View More
Person designated as administrator of the corporation is custodian of the records? CFO?
answered on Sep 25, 2024
In a corporation, the custodian of records manages and safeguards important documents like corporate minutes and resolutions. The Chief Financial Officer (CFO) handles the company's financial matters, like accounting and reporting.
While an administrator may also be the custodian of... View More
Her business partner was the one handling all the expenses, all the finances. She was the CEO and he was the CFO, and he was lying about finances for a few months, wasn't paying rent, didn't pay one of the people who helped with an install, didn't pay several other important bills,... View More
answered on Aug 21, 2024
Yes, your wife can likely sue her former business partner for lying about finances and leaving all the debts to her. How to proceed will depend on the details and her objectives. There are an infinite number of scenarios that could exist. If the business was formed and maintained properly, your... View More
Hi, one of our customers burned herself on the knee under the stove we cook our meat in. She is now asking for medical bill and an incident report.
answered on Aug 15, 2024
My colleague has outlined a number of positive measures that demonstrate good faith on your part. I would add something that is not raised in your post. Are you insured? If you are insured in your operations (it looks like you run a food business??), you should consider placing your insurance... View More
For the past month we’ve been forced to manually enter all cards and now customers cannot leave us credit card tips as we are manually entering the cards.
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answered on Jul 22, 2024
Under California law, your employer is required to provide you with the tools and equipment necessary to perform your job effectively. If the credit card reader is broken and not being fixed, it could be considered a failure to provide adequate tools for your job. This situation impacts your... View More
I am renting a storage unit. It is one of 4 units in a secluded area i.e, not typical franchise self storage. Contract states it is only for storage. It also states items are not to be stored outside unit. Also states mediation before legal claims. I did leave things outside of the unit. The... View More
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answered on Jul 21, 2024
The storage unit owner should not take your property without proper notice, even if the contract states no items should be stored outside the unit. The manager’s voicemail was an informal warning, but it does not constitute legal notice for disposing of your property. You may argue that removing... View More
I work at a school as a teacher and want to start a side business of after school activities. I want to start these activities at the same school I am working at as an outside vendor. When I checked with the employer they said that they can’t do that since they can’t give a W2 and 1099 to the... View More
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answered on Jul 20, 2024
You can indeed explore running an after-school activities business at the same school where you work, but it's crucial to address the legal and contractual aspects. As your employer mentioned, they cannot issue both a W-2 and a 1099 to the same person due to tax regulations. However, your... View More
Back in 2020. I filed an unemployed claim but wasn't sure I was eligible since I was self employed and have my own S-Corp. I filled out the forms retroactively. I inadvertently told EDD that no income was received by me for those 2 retroactive months. After I hit submit, I realized that I was... View More
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answered on Jul 1, 2024
This is a complex situation that involves unemployment insurance claims, self-employment, and potential errors in reporting. Here's a breakdown of the key points and some general advice:
1. Potential incorrect filing: You filed an unemployment claim in 2020 as a self-employed... View More
I am just thinking of starting my own company and currently living in California State. As most tech statups are registered in Delware, I was planning to register in Delaware. But since I live in California do I need to register it in california as well ? I will be the only person working for now.... View More
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answered on Jun 30, 2024
To answer this question concisely:
Yes, if you're living and operating your business in California, you'll likely need to register your Delaware LLC as a foreign LLC in California, even if you're the only person working and have no sales or revenue yet.
Key points:... View More
All of this was done with out my consent they were open and selling illegally this weekend. Sheriff refused to help me. Rent past due since May 2024.
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answered on Jun 30, 2024
I understand you're dealing with a complex legal situation involving evicted tenants, licensing issues, and overdue rent. Let me break down the key points and provide some general guidance.
1. Eviction status: You mention "evicted tenants," but it's not clear if the... View More
California C Corporation.
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answered on Jun 29, 2024
To address your question about canceling preferred shares that are set to be converted to common stock in a California C Corporation, here's a concise overview of the process:
1. Review Corporate Documents:
- Check the articles of incorporation and bylaws for procedures on... View More
I have a small repair shop. I have a job that is needing be done outside of my repair shop. The contractors license is necessary for the dollar amount. My employee is a licensed contractor but is working for me under my Workmen’s Comp.. Can I do the job under her contractors license, if she is... View More
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answered on Jun 27, 2024
1. Generally, a contractor's license is not transferable. You cannot simply "use" your employee's license for your business operations.
2. In California, the person or entity performing contracting work must hold the appropriate license. If your business is performing... View More
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Due to disagreement on number of stock options granted to me per the original contract, I didn't end up exercising my options within 90 day period and now they are saying those are all expired.I have emails regarding discussion on number of the shares and my disagreement during 90... View More
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answered on Jun 25, 2024
Under California law, contract disputes can potentially toll, or pause, the expiration period of stock options, but this is not automatic. The key factor is whether the dispute can be proven to have prevented you from exercising the options within the designated period. If you have documented... View More
Company is planning on laying off its entire staff (sales, creative development, VFX, post production, accounting, and beyond) and rehiring everyone as freelancers for less pay and without benefits. Is this legal?
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answered on Jun 24, 2024
Hi! I can offer some general information about this situation:
1. At-will employment: In most states, including California, employment is generally "at-will," meaning employers can terminate employees for any reason that isn't illegal (such as discrimination or retaliation).... View More
I wish to broker the sale of sugar between a supplier and a buyer. I was told that I don't require a license since I'm not supplying or transporting, only speaking and negotiating with the supplier and buyer. I did some further research and found some claiming I need to register with the... View More
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answered on Jun 23, 2024
To answer this question, let's break down the different aspects and clarify the requirements for brokering the sale of sugar:
1. General brokering:
For simple brokering activities where you're acting as an intermediary between a supplier and buyer of physical goods (in... View More
My company is being sued by an ex-contractor for an alleged debt. We had no contract per se and the debt is for goods his factory custom made for us but were delivered late, at which point majority of our retailers cancelled and I didn't want to accept the shipment at all. Eventually I did... View More
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answered on Jun 21, 2024
This is a complex situation that involves several legal considerations. Here's a breakdown of the key issues and potential options:
1. Contract validity:
- Even without a formal written contract, your email communications may constitute a legally binding agreement.
-... View More
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