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California Business Law Questions & Answers
2 Answers | Asked in Consumer Law, Criminal Law, Business Law and Cannabis & Marijuana Law for California on
Q: If a business with legal product sell or delivers to customers who uses it for illegal activity, is that aiding & abedd?

Business and it's products are completely legal. The product I sell is firewood and water from a ground well that has water rights. Most customers use this on properties that are large MJ grows illegal by county ordinance but also used for housing among the same properties

John Karas
John Karas answered on May 10, 2021

It depends on the nature of the product, by whom it's used and for what purpose.

For example, you posted this question under several categories including Cannabis & MJ law. MJ is now legal for persons over the age of 18. However, if you sold/ delivered MJ to a minor (under 18)...
Read more »

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1 Answer | Asked in Business Formation, Business Law and Copyright for California on
Q: How do I get my name secured on all social platforms when I own the main domain for the name and do business as it?

I would like to get my own name as a social media account on the 2 remaining platforms where someone has created ghost accounts to hold the name and I am unable to clame it for myself.

Marcos Garciaacosta
Marcos Garciaacosta answered on May 7, 2021

Unfortunately it is a first come first served basis so you may be out of luck.

Consult with an attorney to see if you have some options.

Maybe if you have a trademark registration you could use it to get some of the names back, but may not be an easy or cheap proposition.

2 Answers | Asked in Contracts and Business Law for California on
Q: Does a global non-compete from a Delaware LLC stand if I start a new company in California?
Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on May 7, 2021

"Global Non-Compete" language is always open to suspicion ... As you might imagine, the answer is "it depends" and I would suggest that you schedule a video call or telephone call with at least two attorneys ... to have that initial free 30 minute consultation ...

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1 Answer | Asked in Business Formation and Business Law for California on
Q: What is the appropriate business structure in California that can provide PT, OT, ST services?
Julie King
Julie King answered on May 6, 2021

It likely needs to be a professional corporation, but it can still be taxed as either a C corporation or an S corporation.

1 Answer | Asked in Business Law, Employment Law and Tax Law for California on
Q: CA franchise tax required just because I have an employee there?

We are a MA-based S corporation. If we have an employee who works remotely in CA, must we pay the franchise tax (minimum $800)?

RTC DIVISION 2 - PART 11 - CHAPTER 2 - ARTICLE 2 - Section 23153 says that this only applies to (1) corporations incorporated in CA (we're not), or (2)... Read more »

Kenneth Sisco
Kenneth Sisco answered on Apr 30, 2021

Employees have nothing to do with the California Minimum Tax. If you are an entity, LLC, Corp., LP, etc., that has applied for, and obtained qualification to do business in California, you are required to pay the Minimum tax of $800 per year, whether you have any employees or not, in California or... Read more »

4 Answers | Asked in Legal Malpractice, Employment Law, Business Formation and Business Law for California on
Q: Hired as an independent contractor, but now owner claims that I was a partner after trying to receive payment. Legal?

I was hired by company to run Tournament events. The company wants to contract me to run tournamemt events. With work product created, I provided the company with this service. After creating an FBN and EIN for the sole purpose of getting paid for services I provided, I asked for payment by giving... Read more »

William John Light
William John Light answered on Apr 25, 2021

You are free to sue for your fees as an independent contractor, if that is what you were. Even as an independent contractor, if you created intellectual property during the course of those duties, that property would likely belong to the person who contracted with you to create it.

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1 Answer | Asked in Consumer Law, Business Formation and Business Law for California on
Q: I cashed my stimulas check at Marin Check Cashing in San Rafael CA. They charged me $43.81 fee. IS this legal in CA?
Daniel Timothy LeBel
Daniel Timothy LeBel answered on Apr 24, 2021

The answer, as with most questions asked of lawyers online, is: "it depends" and "message boards are no substitute for legal advice." Here, there just aren't enough facts to provide a complete legal analysis. However, if your check was the standard $1,400 stimulus... Read more »

1 Answer | Asked in Divorce, Family Law and Business Law for California on
Q: We divorced but haven't settled our community property business. She has "locked me out" & i can't afford attorney. help

Help. I have hit a wall. My wife & i recently divorced, but left the issue of community property unresolved because it was going to be super expensive to value our community property business (forensic accountant, etc). She has locked me out and receives a sizable income from the business,... Read more »

Julie King
Julie King answered on Apr 23, 2021

I'm sorry about your situation. I am not a family attorney, but I do know there are self-help departments of most courthouses that can give you the documents you need to start a dissolution (divorce) case in family court. Some law schools, such as the Monterey College of Law, hold clinics to... Read more »

1 Answer | Asked in Business Law, Contracts, Land Use & Zoning, Real Estate Law and Tax Law for California on
Q: My friend is interested in donating a piece of land to my nonprofit organization. How would we go about this?

Would he receive any benefits from this, tax write offs etc? Also he owes taxes on the property, I am willing to pay those off to make this happen. I plan to use this as a nonprofit headquarters, Art/Yoga/Event Space. Its already zoned for 4 residential structures

Robert Philip Cogan
Robert Philip Cogan answered on Apr 20, 2021

Real estate transfers and planning for the tax consequences are never do-it-yourself tasks. Tax benefits cannot be calculated without information about the property and the taxpayer. You say that you want a nonprofit HQ in a space zoned for residences. This by itself should be a red flag. If you do... Read more »

2 Answers | Asked in Contracts, Business Formation and Business Law for California on
Q: How to obtain a brick-and-mortar physical address in California?

We need a brick-and-mortar address for a business set up by us in the US (there might be more businesses in the future), whose CEO is working from home (currently in Ohio but soon to be in California).

For the new company, we tried already tried to register But the Secretary of State’s... Read more »

Julie King
Julie King answered on Apr 20, 2021

You may be making this more complicated than it needs to be. Why can't you use your home address? Yes, it will be a public record, but it works. There are many solutions to this issue without you having to lease expensive office space that you will not be using. Best wishes!

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2 Answers | Asked in Contracts, Business Formation and Business Law for California on
Q: How to obtain a brick-and-mortar physical address in California?

We need a brick-and-mortar address for a business set up by us in the US (there might be more businesses in the future), whose CEO is working from home (currently in Ohio but soon to be in California).

For the new company, we tried already tried to register But the Secretary of State’s... Read more »

Robert Philip Cogan
Robert Philip Cogan answered on Apr 20, 2021

There are many ways an attorney can solve this problem for a business that is setting up in the US. I have done so many times. You can contact an attorney directly. However, Justia does not permit attorneys to enter into engagements through the Q&A page.

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2 Answers | Asked in Business Law and Workers' Compensation for California on
Q: I have a small solar business. My workers are on 1099, I am the only one on payroll.

One of my workers filed for unemployment last year. the unemployment office penalized me for total $1655 for unpaid tax for October - December 2018. again, clearly I had nobody on payroll on 2018. can they do that?

Ernest Charles Payne Jr
Ernest Charles Payne Jr answered on Apr 19, 2021

Assuming your business is operating in California, it is very likely you are violating the law by employing your workers as independent contractors. Look at AB5 (Assembly Bill 5) that went into effect 1/1/2020. If you’re not treating them as employees, and paying payroll taxes, WC insurance,... Read more »

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2 Answers | Asked in Business Law and Criminal Law for California on
Q: Hello. I ran into a garage door service company and saw that their entire business is based on fraud.

Hello. I ran into a garage door service company and saw that their entire business is based on fraud. They fix non-existent door problems for thousands of dollars, although parts are very cheap. Is this considered a scam and how can they be punished? Only text please.

Dale S. Gribow
Dale S. Gribow answered on Apr 12, 2021

you should contact a civil lawyer to see if they feel there is a case.

write out a detailed summary to share with a lawyer.

contact the appropriate authority, either police or licensing entity for that company.

IF, they are fixing the doors, but you think the price is too...
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1 Answer | Asked in Business Law for California on
Q: Hello I want to ask if it was legal for cube smart to sell my unit when I was 3 days away from paying?

I had 3 units at cube smart and all the bills were confusing they sold one unit and then gave me a refund how can they do this legally

Julie King
Julie King answered on Apr 8, 2021

Unfortunately, the answer to your question will depend on the terms of the contract you signed with that company. Each contract contains different language in it and a lawyer would have to guess what your contract said, which would not help you at all. Once a lawyer has read the contract and... Read more »

1 Answer | Asked in Business Law, Criminal Law and Employment Law for California on
Q: If the company training team teaches an easy way to do something and that "something" breaks the law, who is responsible

Details removed

Dale S. Gribow
Dale S. Gribow answered on Mar 25, 2021

IF YOU KNOWINGLY BREAK THE LAW, YOU WILL BE RESPONSIBLE.

THAT DOESN'T MEAN THEY ESCAPE EXPOSURE.

3 Answers | Asked in Business Law for California on
Q: Is it legal to have a contract where my company only pays someone after the company makes a certain amount of profit?
Robert Philip Cogan
Robert Philip Cogan answered on Mar 25, 2021

Maybe. Your question does not say what the contract is about or how the deal works. "Profit" can have many meanings. Ten CPAs can give you 10 different calculations of profit and every one of them will be legitimate. An attorney can set up the deal so that you and the other side have the... Read more »

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2 Answers | Asked in Employment Law and Business Law for California on
Q: Vending Machine Stocking as a independent contractor?

Can I hire someone as a independent contractor to stock my vending machines using the business to business exemption to the AB 5 law if they have their own business license for services?

Ernest Charles Payne Jr
Ernest Charles Payne Jr answered on Mar 21, 2021

The “ business to business exemption” is very narrowly tailored. Assuming the other party is a legitimate business, properly licensed to do the sort of business, eg stocking vending machines; he has his own place of business independent of yours; he is contracted with you in writing to perform... Read more »

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1 Answer | Asked in Business Formation, Business Law and Tax Law for California on
Q: I have a vending machine business, can I have freelancers?

I know there some ab 5 law now but I want to hire freelancers to stock my machines. I will purchase the food products for the machines. They will stock the machines once or twice a week. Meaning 1- 2 hours a week. I am giving them a set payment amount for each month they help me. Do I have to... Read more »

Julie King
Julie King answered on Mar 21, 2021

The chances are very high that those workers would be classified as employees. In today’s world, it is harder than ever to successfully classify a worker as an independent contractor. But a lawyer would need to ask a lot of questions before giving an opinion. For example, will the workers have... Read more »

1 Answer | Asked in Contracts and Business Law for California on
Q: I sigmed a stipulation for a default judgment. Next month i am retired and i cannot pay anymore. Any solution?
Julie King
Julie King answered on Mar 19, 2021

You have three choices: (1) you can call the company and see if they will restructure the debt, although they are not obligated to do so, since you already have a contract to repay; (2) do nothing and you will have a judgment entered on your credit records and will likely be subpoenaed to attend a... Read more »

1 Answer | Asked in Business Law, Civil Litigation and Contracts for California on
Q: When can owner of a single member LLC sue personally against a 3rd party doing business with the LLC {not on behalf of}

Case: The sole member of an LLC filed a lawsuit in his individual name (as the plaintiff) against a company to sue them for contract fraud. The LLC owner was not aware that it could be a problem to file the suit in his name since he was personally financially injured and sees his LLC and himself as... Read more »

Maurice Mandel II
Maurice Mandel II answered on Mar 18, 2021

Path of least resistance, if you cannot amend your complain to add a plaintiff? Dismiss and start over. If it is an LLC, they have to be represented by an attorney.

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