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California Business Law Questions & Answers
1 Answer | Asked in Business Law for California on
Q: Small business credit say I’m prequalified then talk to me so rude and deny me any credit. Can I do something?

1 major loan company called me 3 times a day after they denied my new business credit to offer my business credit then they tell me I don’t qualify. The next day that same company that denied me over the phone sends me a very elaborate message that my business is qualified for 255k at 3.5% and... Read more »

Julie King
Julie King
answered on Apr 20, 2022

Block their phone number on your cell phone and don't answer their calls on a work or other landline. They are obviously not professional. Be cautious about companies that say you are "pre-qualified for loans" because those ads almost always say, IN SMALL PRINT, there is no guarantee... Read more »

1 Answer | Asked in Business Law for California on
Q: I a NPO voting member I cannot find the article of in coproduction of this NPO online. Is AoC written by the founder

In my other question Matthew has said to go back to article of incorporation (AOC). I am a member with voting rights. AOC is not posted on NPO website. I researched in state web site and I don’t see it. Where can I find it? Is it possible they never has AOC? Isnt AOC provided by the state when... Read more »

Matthew Morris
Matthew Morris
answered on Apr 20, 2022

Here are a couple ways to find a copy of the articles of incorporation. The most direct method is to demand to see them. Under California's nonprofit law, the organization is required to show them to you as a member. If there is a "principal office," they have to keep a copy at... Read more »

1 Answer | Asked in Business Law for California on
Q: A 501(c)(3) NPO with membership setup in April 2019. Till today there was no election of the board. Is the board legal?

Members requested the board to be elected and worked on writing up a bylaw on Mar 1, 2022. Board did no reply to election request. Then on Apr 5 out of blue published a bylaw, dated March 12, that will allow them stay in power forever. Is the board legal since they should have held election on... Read more »

Matthew Morris
Matthew Morris
answered on Apr 19, 2022

This is a complex question, and there are a lot of variables that might affect the answer that a nonprofit lawyer would give you after looking at this deeply. Let me talk through some of the issues that seem to be at play here, but there might be other issues that are not obvious from the limits... Read more »

1 Answer | Asked in Business Law for California on
Q: I lost 100 % of my biz by my partner who forged my name what can I do
Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 18, 2022

Do you have a partnership/LLC agreement signed by both parties setting forth that you were partners in the business? If so, your remedies should be criminal prosecution for forgery as well as a civil suit to recover what was stolen (converted) from you (e.g. your business assets/profits).

1 Answer | Asked in Consumer Law and Business Law for California on
Q: Hello, what if one major artist at a festival cancels and I really wanted to see that artist. Am I due a refund?

Kanye cancelled his Coachella performance. I want a refund because I really wanted to see him, but the ticket seller is refusing.

Maurice Mandel II
Maurice Mandel II
answered on Apr 17, 2022

not likely. most tickets for these events state that the program line up may change. If it was a concert by one particular artist, maybe.

1 Answer | Asked in Consumer Law and Business Law for California on
Q: Is it legal to sell mock COVID-19 vaccination cards without official government seals?

According to the FBI, distributing "fake" COVID-19 vaccination cards is illegal because there are two official government seals in one of its corners. If an individual were to sell cards that closely resembled originals, except the cards did NOT have any government seals, would... Read more »

Maurice Mandel II
Maurice Mandel II
answered on Apr 17, 2022

Yes, it is illegal to sell fake Covid 19 vaccination cards and you should be reporting the seller to the police or you could be considered an accessory to the crime.

1 Answer | Asked in Business Law and Civil Rights for California on
Q: Is it legal in California for a party to record your phone call without your permission

I received a letter from an attorney stating that my call was recorded in a Tesla And I needed to pay money or they were going to use the recorded calls against me

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 13, 2022

No, California is a two-party consent state, meaning that both parties to a conversation must give consent to have a call recorded. Some people record calls without the consent of both parties, and the result is that the call may not be used in evidence against the non-consenting party in a legal... Read more »

1 Answer | Asked in Business Law for California on
Q: ExBF mom asked to invest into my business. She gave me $75k June’21,I used it in Nov, business isn’t doing so well

It’s getting really bad now, I’m struggling & trying to fix, she’s calling & posting mean things on FB, texts. I need to know what can I do. Not trying to put her into the business losses but she’s Harassing me in which I do understand but I can’t focus I can’t sleep and I... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 13, 2022

If she's' posting comments that are untrue on Facebook, you may have a defamation claim. There are also laws limiting how and when a creditor can contact you regarding outstanding debt. You can hire an attorney to send her a cease and desist letter.

1 Answer | Asked in Arbitration / Mediation Law, Business Law and Contracts for California on
Q: I am looking for assistance regarding my competitor impacting my small business in an unfair way

the competitor's business offers a completely different service than what mine offers, but secretly created advertisement to steal our clients and offer our services in their establishment without proper licensing. i need to bring this issue up to my landlord to address the conflict of... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 5, 2022

I don't see a question in here, however, unless you have an agreement not to compete you don't likely have a claim against a competitor business. If you have proof that the other business is lying in its advertising, you may have a false advertising/unfair business practices claim.

1 Answer | Asked in Business Law for California on
Q: Hello i own a business(boutique)under a apartment complex and water leaked threw the roof damaging clothing who at fault

Yes the landlord owns both apartments and store location which I rent out and the apartments above are different renters

Julie King
Julie King
answered on Mar 30, 2022

Read your lease agreement because that is the contract between your landlord and you as to who is responsible for what. In most cases, but not all, the landlord is responsible for the physical building and the tenant is responsible for all the contents within the building. If you have renter’s... Read more »

1 Answer | Asked in Consumer Law and Business Law for California on
Q: Can a store charge you a restocking fee if item has not been delivered because they keep changing the ETA

and you cancel the order?

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 17, 2022

Generally, I'd say that not a lawful move. You may want to see all agreements you signed or signed off on and have them send their written policy on this to you and where you can find it in the contract and/or online...

1 Answer | Asked in Business Law and Employment Law for California on
Q: Company is telling my vesting date for RSUs is not my work anniversary but a month later but the contract says otherwise

I started on April 12th, 2021, and signed an offer letter to vest on the first anniversary Due to low stock price the company decided to grant us RSUs. The amendment states the RSUs shall be vest upon the first anniversary of your employment date. However, the company is telling me I will not vest... Read more »

Neil Pedersen
Neil Pedersen
answered on Mar 10, 2022

It would be extremely reckless for any attorney on an internet Q&A site to give you specific advice about how to proceed related to a written contract. The contract and the other circumstances of its making must be understood to give such an opinion. If you need an answer to this, you will... Read more »

1 Answer | Asked in Consumer Law, Real Estate Law, Business Law and Landlord - Tenant for California on
Q: do we have to have answer a interrogatory and admission is there a form we can file to refude to answer till court date
Kenneth Sisco
PREMIUM
Kenneth Sisco
answered on Mar 10, 2022

The flippant, snarky, and downright rude (apologies) answer is, "Yes, it is called a 'Request for dismissal of your case,' or if you are the Defendant, it is called 'Withdrawal of Answer to Complaint.' If you want to litigate your case, and go to trial, then you must... Read more »

2 Answers | Asked in Business Law and Sexual Harassment for California on
Q: What kind of lawyer would help with sexual harassment from a business partner case?
Brad S Kane
Brad S Kane
answered on Mar 6, 2022

You need to speak with an employment lawyer. Most provide free consultations.

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1 Answer | Asked in Consumer Law and Business Law for California on
Q: Can we do an agreement without A?

1: Person A owes our company $10,000.

But, he is not answering the phone, no email reply, no postmail reply.

We have his address, but not sure he still lives there.

2: Person B(A's relative) told us he will pay us A's debt for 10 installments.

3: We... Read more »

Leon Bayer
Leon Bayer
answered on Mar 4, 2022

Sure, you can do it yourself, but if you want an enforceable agreement, you should have a lawyer handle it.

Frankly, I see no point to any this and I think your just getting played. If B wants to pay, then what is stopping B? A and B are probably the same person. Even if they are...
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2 Answers | Asked in Business Law and Collections for California on
Q: We accidentally overpaid a vendor through ACH. We have tried contacting them but they are avoiding us now.

We hired a vendor to do some small work for our business. We set up their banking information since they preferred to get paid that way. Due to an error on our end, we accidentally overpaid them $3000. I have reached out several times through email and even got a read receipt email confirmation... Read more »

Leon Bayer
Leon Bayer
answered on Feb 25, 2022

They are not entitled to keep the overpayment. I suggest you sue them immediately in small claims court. Don't delay. Your local court will even help you fill things out and explain what you must do.

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1 Answer | Asked in Consumer Law, Criminal Law and Business Law for California on
Q: I got scammed through PayPal f&f, but I also paid g&s for a preorder item. How can I get my money back?

I payed a shop $6000 through PayPal g&s and f&f, half each. I never got my order for half a year so I contacted PayPal. I got my refund through g&s but I can’t get my other $3000 from f&f since he doesn’t reply to me on Facebook. Can I file against him or can the police do... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Feb 23, 2022

IF, someone owes you money, you can sue in small claims for up to $10k and be in court in no time.

However, crooked people don't usually have assets to go after...ie attach.

Thus one is often left with a verdict/ruling and a challenge collecting on it.

Of course, you...
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1 Answer | Asked in Contracts, Business Formation and Business Law for California on
Q: Was offered partnership to create new division of company. After a year he fired me. He kept everything. Is that legal?

I created new division separate from existing company to engage in an area of the industry he wasn't . Only shared name and license numbers. Everything else, I made. Forms, branding, procedures, had my own employees, payroll, books even had to pay him rent for offices. I would become a partner... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Feb 14, 2022

You have a good claim for breach of contract, where the contract was an agreement that you perform services to set up the business in return for an ownership share. You completed your end of the agreement, but the other party failed to compensate you as agreed. The agreement may have been oral or... Read more »

2 Answers | Asked in Business Law, Civil Litigation and Consumer Law for California on
Q: How can I use the law to get General Motors to write me a letter to register my vehicle with the CA DMV?

The CA DMV is asking for information on the federal label on my General Motors vehicle. The label has faded, and General Motors will not provide me the information needed, despite the vehicle code stating that they must provide this. The matter has taken over 6 months to sort through, cost me over... Read more »

Daniel Timothy LeBel
Daniel Timothy LeBel
answered on Feb 8, 2022

You could contact a consumer attorney for representation under California consumer protection statutes and have a court provide injunctive relief to correct GM's failure to act in accordance with the Cal. vehicle code

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2 Answers | Asked in Contracts, Business Law and Cannabis & Marijuana Law for California on
Q: have lease agreement for weed cultivation license. Bureau of canna control said subletting is illegal Is contract void?

I was unable to move forward with business and now owner claims I still owe him for the remainder of the contract. Does he have any grounds to come after me or can I walk away?

Scott Wilsdon
Scott Wilsdon
answered on Feb 7, 2022

I agree with the advice already given about the importance of sitting down with a lawyer to review your agreement. The only additional point I would make is that current regulations governing licensed cannabis operations prohibit subletting. (Cal. Code Regs. Title 4, Section 15000.4; effective... Read more »

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