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I bought the restaurant 2 years ago and old employees working here sued the previous owner but the motive has my name on it. I made new corporation and I don't know the plaintiff.
answered on Dec 27, 2024
Check your agreement with the prior owner, the prior owner should be required to defend and indemnify you for claims that arose prior to the purchase.
If purchased the assets only and not the business, you may have a defense there.
Further, you will need to hire a lawyer to defend... View More 
I reside and do business only in California, but the corporation that I registered back then was a Delaware corporation owned 100% by myself, which I occasionally do business with (and file tax as S-corp). Each year, I have to pay the DE franchise tax as well as the CA franchise business tax. How... View More
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answered on Dec 24, 2024
Here are a few general options to consider for moving a Delaware corporation to a California LLC:
Statutory Conversion:
Delaware and California both have statutes on conversions, but cross-state/cross-entity conversions can be more complex. You’d typically file paperwork in... View More
In contract to purchase a business doesn’t a seller have to provide a disclosure
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answered on Dec 23, 2024
California doesn’t impose a single, blanket requirement for sellers to issue a formal disclosure statement in every business sale. However, depending on the nature of the deal, various state laws may require certain disclosures:
Real Property Involvement:
If the sale includes real... View More
The lease for our business at a mall states "Vending machines are not allowed in the retail selling area of the store".
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answered on Dec 20, 2024
A keymaster arcade game may not be considered a vending machine under California law. According to Bus. & Prof.Code § 17571, a "vending machine" is defined as any mechanical device that operates by the insertion of a coin or other thing of value and dispenses a product, service, or... View More
I have a mobile app that shares sports betting predictions. there is no gambling in my mobile app. only predictions of the results of sports matches are shared only by me. users see these predictions as paid subscribers. for example the result of the LA lakers vs Boston Celtics NBA game, Boston... View More
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answered on Dec 19, 2024
The business model described, which involves sharing sports betting predictions and odds without facilitating actual betting or linking to gambling sites, may not fall under the definition of gambling in many jurisdictions. However, the legality can vary significantly by state.
In... View More
they are also named in a deceased family member.
answered on Dec 2, 2024
I assume the shares are not of a publicly traded corporation like McDonald's or Microsoft. So, you just can't look them up and sell them. How shares are bought and sold are likely restricted by the corporation's bylaws. You will need to contact the corporation to find out your rights... View More
Medical corp
answered on Dec 1, 2024
Generally, only professionals licensed in the profession of the professional corporation may be an officer, director, or shareholder of that professional corporation. There are, however, circumstances where unlicensed individuals may have authority over the services provided as officers. Why are... View More
I'm co-owner since 2009 the property is located in Korea town in Los Angeles ca. 6 years ago I appraised and market was at $1.2m must higher now. Since then my uncle will not speak to me or acknowledge I own half He never splits any rental income with me like he did with my mom He just ignored... View More
answered on Nov 25, 2024
You can force the sale through a partition lawsuit. In the lawsuit, the court determines if the property can be divided evenly. If the property cannot be physically divided, the court will force the sale of the property. Each party will receive half of the money from the sale subject to offset for... View More
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
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
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
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
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