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California Business Law Questions & Answers
1 Answer | Asked in Consumer Law, Business Law, Gov & Administrative Law and Municipal Law for California on
Q: Autopay (water bill) with a credit card & paperless billing since 2008: Can city now charge fee for credit card use?

The city gets to save money with paperless billing. The customers set up auto pay with a credit card. This was a win-win. But the city now wants to change terms saying they will charge customers for credit card fees. This eliminates the incentive for the city to use a low cost credit card... View More

James L. Arrasmith
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answered on Mar 27, 2024

In California, businesses, including cities providing utilities, have the discretion to charge fees for credit card transactions, subject to state regulations and any agreements they may have with customers. The legality of introducing a new fee after a service has been provided under certain terms... View More

2 Answers | Asked in Contracts and Business Law for California on
Q: Removing these 2 clauses from Contract - implications?

I do freelance legal billing for attorneys and law firms. Currently, a potential client (law firm) wants to remove the Choice of Law and Choice of Forum clauses in my agreement. They are located in Nevada, while I'm located in California (location where the clauses are applied). What... View More

James L. Arrasmith
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answered on Mar 26, 2024

If the Choice of Law and Choice of Forum clauses are removed from your contract, there will be uncertainty regarding which state's laws apply to any disputes that arise. Normally, these clauses ensure that any legal matters are resolved according to the laws of a specific state and in a... View More

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2 Answers | Asked in Contracts and Business Law for California on
Q: Removing these 2 clauses from Contract - implications?

I do freelance legal billing for attorneys and law firms. Currently, a potential client (law firm) wants to remove the Choice of Law and Choice of Forum clauses in my agreement. They are located in Nevada, while I'm located in California (location where the clauses are applied). What... View More

Adam Stoddard
Adam Stoddard
answered on Mar 26, 2024

If you omit those two clauses, then you are potentially opening up the chance to be compelled to Nevada if there is any litigation regarding the contact itself or work you are contracting for. Also, if you want to start litigation in California for the same, the other party could attempt to compel... View More

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3 Answers | Asked in Business Law and Small Claims for California on
Q: Hello I have an inquiry in regards to my business and an unpaid client that says she’s not paying me

I handed her a final invoice that was very detailed and itemized but she said she was all paid after adding additional wants to the list what can I do to get my $3500 she owes

James L. Arrasmith
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answered on Mar 24, 2024

In California, if a client refuses to pay for services provided, you have several options. First, you should attempt to resolve the issue directly with the client by providing clear documentation of the services rendered and the agreed-upon costs. Communicate your concerns and attempt to reach an... View More

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3 Answers | Asked in Business Law and Small Claims for California on
Q: Hello I have an inquiry in regards to my business and an unpaid client that says she’s not paying me

I handed her a final invoice that was very detailed and itemized but she said she was all paid after adding additional wants to the list what can I do to get my $3500 she owes

Robert Kane
Robert Kane
answered on Mar 24, 2024

Congratulations on your new business! Welcome. All business owners need to establish an approach for collecting past due accounts and such. Ultimately, you will need to prove that you are entitled to the amount due to a judge.

It's important to document all aspects of the...
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3 Answers | Asked in Business Law and Small Claims for California on
Q: Hello I have an inquiry in regards to my business and an unpaid client that says she’s not paying me

I handed her a final invoice that was very detailed and itemized but she said she was all paid after adding additional wants to the list what can I do to get my $3500 she owes

Tim Akpinar
Tim Akpinar
answered on Apr 1, 2024

Do-it-yourself small claims is usually the cheapest option in these types of settings for small businesses. You could also consult with a local attorney about the cost of them pursuing the matter - discuss the details of what type of billing arrangement you'd be entering if you go the attorney... View More

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1 Answer | Asked in Business Law for California on
Q: can an American resident be sued by shareholders of a foreign corporation in which he is a board member?
James L. Arrasmith
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answered on Mar 18, 2024

In California, the legal framework does recognize the ability of shareholders to bring lawsuits against board members of a corporation, including foreign corporations, under certain circumstances. If you, as an American resident and a member of the board, are involved in activities that lead to... View More

1 Answer | Asked in Business Law, Internet Law, Copyright and Intellectual Property for California on
Q: Chinese company wants to use my registered business name and internet search words- whether I allow or not

I have been receiving letters from Chinese registry asking if they may use my company's registered name for their client, just with other than .com extension. I have answered that I only keep the xxxxx.com name, which has been registered after my company since 2002, only with other than .com... View More

James L. Arrasmith
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answered on Mar 13, 2024

You have certain rights to protect your registered business name and intellectual property. Here are some options you can consider:

1. Trademark protection: If you have registered your business name as a trademark with the United States Patent and Trademark Office (USPTO), you have legal...
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1 Answer | Asked in Business Law and Gov & Administrative Law for California on
Q: It is legal to sell my personal wine and whisky collection in my own liquor in California with a valid liquor license?
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answered on Mar 11, 2024

In California, it is generally not legal to sell your personal wine and whisky collection in your own liquor store, even if you have a valid liquor license. This is because of several factors:

1. Personal collection: Your personal alcohol collection is considered private property and not...
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1 Answer | Asked in Business Law and Civil Rights for California on
Q: what personal info is allowed to be given out about an ex employee. not trying to hire them.

Business is being harassed by an ex boyfriend who wants info about 2 former employees and why they were let go. Assuming there are privacy protections for personal info and looking to find the law about it.

James L. Arrasmith
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answered on Mar 11, 2024

In California, there are several laws that protect the privacy of current and former employees. Employers are generally prohibited from disclosing certain personal information about their employees to third parties, including ex-partners. The most relevant laws in this context are:

1....
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1 Answer | Asked in Banking and Business Law for California on
Q: Should I electronically link my business checking and personal accounts at my local bank?

I own real estate and have a dedicated LLC business checking account at my local bank for it. This account is separated and there is *no* link to my personal account at the same bank. However, the no link is getting to be a hassle for transferring money because I must write a check to myself every... View More

James L. Arrasmith
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answered on Mar 8, 2024

When managing both personal and business finances under the same bank, the convenience of linking accounts can be appealing. However, it's important to weigh this convenience against potential risks, especially concerning liability and litigation. Keeping your business and personal accounts... View More

1 Answer | Asked in Contracts, Business Formation and Business Law for California on
Q: We are a non-profit booster organization. We are attempting to compel a former treasurer's refusal to return documents.
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answered on Mar 7, 2024

Under California law, a nonprofit organization has the right to access and retain possession of its official records, including financial documents handled by its treasurer. If a former treasurer is refusing to return such documents, the organization can initially try to resolve the matter through... View More

1 Answer | Asked in Business Law for California on
Q: how do i protect my software company from being liable from software misuse?

I am a software engineer and have a software company.

I am working on a software that would help people get elaborated instant answers on their mock interviews/exams/certifications.

this software can also be used to get answers in real exams/interviews ... which we do not endorse... View More

James L. Arrasmith
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answered on Mar 4, 2024

To protect your software company from liability arising from software misuse under California law, it's essential to take proactive steps. One effective approach is to include a comprehensive terms of service agreement and a clear end-user license agreement (EULA) with your software. These... View More

2 Answers | Asked in Consumer Law and Business Law for California on
Q: Client wants refund on sale pre-paid beauty package, now wants to sue. Website policy states NO refund on sale items! CA

My small beauty business is in California (Los Angeles county). I offer discounted pre-paid beauty service packages. My client purchased one of these packages and now a year later she wants full refund. My policy is posted on my website, which states that there is NO refund on sale items/... View More

Leon Bayer
Leon Bayer
answered on Mar 3, 2024

You never know what is going to happen in small claims court. That court does not always follow established rules and stretches the law to be "fair." And the judge may spot something else in your business practices or products that the judge thinks is deceptive or unfair, even if it was... View More

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2 Answers | Asked in Consumer Law and Business Law for California on
Q: Client wants refund on sale pre-paid beauty package, now wants to sue. Website policy states NO refund on sale items! CA

My small beauty business is in California (Los Angeles county). I offer discounted pre-paid beauty service packages. My client purchased one of these packages and now a year later she wants full refund. My policy is posted on my website, which states that there is NO refund on sale items/... View More

James L. Arrasmith
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answered on Mar 3, 2024

Under California law, businesses have the right to establish their own refund policies, provided these policies are clearly communicated to the customers before the purchase. If your policy of "No refunds on sale items" was clearly posted on your website and made known to the client at... View More

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1 Answer | Asked in Business Law and Landlord - Tenant for California on
Q: Looking to see how much I'm able to raise my tenants rent in Martinez, CA. She's currently on a month to month lease

Been a tenant for over a year and a half and I've never raised rent. Also need to know how much notice I need to give for the rent increase. Not sure if its 30 or 60 days. Will raising the rent effect being able to give the tenant a 30 day notice to end the lease if we choose to do that soon?... View More

James L. Arrasmith
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answered on Mar 1, 2024

Under California law, the amount by which you can increase rent for a tenant on a month-to-month lease depends on state rent control regulations, including the California Tenant Protection Act of 2019. This law caps rent increases at 5% plus the local inflation rate, but not more than 10% total,... View More

1 Answer | Asked in Business Formation and Business Law for California on
Q: I am in Lancaster, CA. I want to start my own business

I will be doing my business out of my home, online. I will not have any inventory, I will not be selling any products, I will have no clients at my house and I will be the only employee. I will offer a service and will charge a finders fee if the client agrees and completes all paperwork. I will... View More

James L. Arrasmith
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answered on Feb 29, 2024

Starting your own business in Lancaster, CA, as a sole proprietor and offering a service online is an exciting venture. To begin, you will need to file for a "Doing Business As" (DBA) if you plan to operate under a name different from your own. This is essential for opening a business... View More

1 Answer | Asked in Business Formation and Business Law for California on
Q: I want to start my own business. I live in LA County, California.

I would work from home, I have no inventory or items to sell and I will not have anyone coming to my home. I will be offering a service that can be done mostly online. I think it will be best for me to run my business as a Sole Proprietor and will apply for my DBA. What licenses or forms do I need... View More

James L. Arrasmith
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answered on Feb 29, 2024

Starting your own business in LA County, California, as a sole proprietor with a focus on providing online services is a commendable initiative. Since you're considering operating under a name different from your own, filing for a "Doing Business As" (DBA) is indeed your first step.... View More

1 Answer | Asked in Business Law, Civil Litigation and Family Law for California on
Q: In family law, what do I file to compel a production of business records when the consumer has objected?

I subpoenaed business records from LegalZoom for my mother-in-law's account containing LLC documents showing my wife was a member (secretly) of several LLCs with her parents incorporated during our marriage (and into which my wife put some of my money). My mother-in-law lawyered up and... View More

James L. Arrasmith
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answered on Feb 29, 2024

In California family law, if you face objections to a subpoena for the production of business records, such as the situation you're describing, the appropriate action is to file a motion to compel production of documents with the court. This motion asks the court to order the party or entity... View More

1 Answer | Asked in Contracts and Business Law for California on
Q: I joined an organization over 2 years ago. Today they sent me the invoice from 2022. Is that invoice still valid? In CA
James L. Arrasmith
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answered on Feb 28, 2024

In California, the validity of an invoice sent several years after the services were provided or goods were delivered depends on a few factors, including the nature of the agreement and the statute of limitations for debt collection. Typically, businesses should bill for services or products... View More

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