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California Business Law Questions & Answers
3 Answers | Asked in Employment Law and Business Law for California on
Q: I am IT consultant for my company and my client never set an SOW despite me asking for it. they think I inflated hours

I have excellent reviews from them for my work but now they are questioning my hours. I have sent back detailed descriptions of the hours but still concerned. They never was clear on hour caps it was vague and I just was doing my job

Neil Pedersen
Neil Pedersen
answered on Feb 5, 2024

This is the kind of issue that does not have a legal solution. You are going to have to resolve it through negotiation and diplomacy. The employer has the right to terminate your involvement at will unless you have an agreement to the contrary about that status. If the employer believes your... View More

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3 Answers | Asked in Employment Law and Business Law for California on
Q: I am IT consultant for my company and my client never set an SOW despite me asking for it. they think I inflated hours

I have excellent reviews from them for my work but now they are questioning my hours. I have sent back detailed descriptions of the hours but still concerned. They never was clear on hour caps it was vague and I just was doing my job

Tim Akpinar
Tim Akpinar
answered on Feb 14, 2024

It could be difficult to change what your client thinks, as you continue to work with them about your efforts. The situation you describe can arise on any project-based assignment. For future assignments, some things to consider are different arrangements that provide more control over services... View More

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3 Answers | Asked in Employment Law and Business Law for California on
Q: I am IT consultant for my company and my client never set an SOW despite me asking for it. they think I inflated hours

I have excellent reviews from them for my work but now they are questioning my hours. I have sent back detailed descriptions of the hours but still concerned. They never was clear on hour caps it was vague and I just was doing my job

James L. Arrasmith
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answered on Feb 5, 2024

In California, even without a formal Statement of Work (SOW), there may still be an implied contract between you and your client based on your actions and communications. If you have a history of providing services and receiving compensation, it could establish the terms of your agreement,... View More

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1 Answer | Asked in Consumer Law, Contracts and Business Law for California on
Q: Car auction house doesn't have all the all the paper work I need.

I bought a car at a public aution house. The car had some dmv fees. I took the papers back to the auction house and they said they will take care of it. They transferred the car title to out of state to another dealer in order to remove the CA dmv fees. Then they gave me a temporary registration.... View More

James L. Arrasmith
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answered on Feb 3, 2024

In California, when purchasing a car from an auction house, it's crucial that all necessary paperwork, including the bill of sale and title transfer documents, are in order for proper registration with the DMV. If the auction house has transferred the title to an out-of-state dealer to... View More

1 Answer | Asked in Business Formation and Business Law for California on
Q: Will a parent LLC in NM for a subsidiary in CA need to register as a foreign entity CA if I live in CA doing eCommerce

If a California subsidiary is registered by a parent company in New Mexico and conducts business within California, does the parent company, based in New Mexico, also qualify as 'doing business in California'? Consequently, would it be necessary for the New Mexico parent company to... View More

James L. Arrasmith
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answered on Feb 1, 2024

In California, if your New Mexico parent company has a subsidiary that conducts business within the state, it may trigger the requirement to register as a foreign entity in California. Even if you operate the subsidiary primarily for eCommerce and live in California, the fact that your parent... View More

1 Answer | Asked in Business Law, Mergers & Acquisitions, Civil Litigation and Securities Law for California on
Q: I run a business in Los Angeles and received a Wells Notice after testifying, without an attorney.

hvm

James L. Arrasmith
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answered on Jan 30, 2024

Receiving a Wells Notice in Los Angeles indicates that the Securities and Exchange Commission (SEC) is considering enforcement action against you or your business. This notice is a serious matter and typically precedes formal charges. It gives you the opportunity to present your side of the story... View More

2 Answers | Asked in Business Law, Construction Law and Small Claims for California on
Q: Do I have any recourse for getting back money I paid to an unlicensed CA contractor who I fired for poor quality work?

I hired an unlicensed "contractor" on the recommendation of family members to do a bath and kitchen remodel. After paying him more than $10,000, I fired him because of the poor quality of the work he did on the bathroom remodel and the kitchen planning. The bathroom has to be completely... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Jan 29, 2024

In addition to what Mr. Arrasmith said, there are specific statutes in CA that provide remedies and civil penalties for those who have hired unlicensed contractors. These state that you are permitted to recover all money you paid to the unlicensed contractor regardless of whether you knew they... View More

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2 Answers | Asked in Business Law, Construction Law and Small Claims for California on
Q: Do I have any recourse for getting back money I paid to an unlicensed CA contractor who I fired for poor quality work?

I hired an unlicensed "contractor" on the recommendation of family members to do a bath and kitchen remodel. After paying him more than $10,000, I fired him because of the poor quality of the work he did on the bathroom remodel and the kitchen planning. The bathroom has to be completely... View More

James L. Arrasmith
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answered on Jan 28, 2024

In California, hiring an unlicensed contractor can complicate the process of recourse for poor quality work. However, you do have options to pursue. First, you can consider filing a complaint with the California Contractors State License Board (CSLB), which handles disputes involving unlicensed... View More

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1 Answer | Asked in Banking, Business Law and Gov & Administrative Law for California on
Q: Can Chime close my account and send an email saying I am not eligible to receive my money back?

Chime closed my account and said I violated their deposit account agreement. They said I can not have my money back its about 800 dollars. I do not understand how I violated anything and they will not provide details or email me back. I am in the military and only used the account for a few... View More

James L. Arrasmith
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answered on Jan 27, 2024

If Chime closed your account and is withholding your funds, it's important to understand your rights and possible courses of action. Financial institutions, like Chime, often have policies outlined in their account agreements that may allow them to close accounts for certain violations.... View More

1 Answer | Asked in Business Law for California on
Q: Breach of contract If the seller didn’t provide all financial document during dual diligent can he sue me ?

The purchase agreement expired because the seller didn’t provide all document that were needed. It was extended by the agent but it was expired because the seller didn’t provide all documentation again

During dual diligent - he failed

But now he sue me for breach of contract

James L. Arrasmith
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answered on Jan 25, 2024

Under California law, in a situation where the seller fails to provide necessary financial documents during the due diligence period, this could be considered a failure to fulfill their obligations under the terms of the purchase agreement. If the agreement specifies that these documents are... View More

2 Answers | Asked in Personal Injury, Business Law and Civil Litigation for California on
Q: Is there an instance where court found a publication liable for intentional infliction of emotional distress?

In Hustler Magazine, Inc. v. Falwell, 485 U.S. 46 (1988), supreme court ruled that Public figures and celebrities cannot claim Intentional infliction of emotional distress for publications. Is there an instance where the person was not a celebrity and or a public figure and their IIED claim went... View More

Theodore Allan Greene
Theodore Allan Greene
answered on Jan 24, 2024

Yes of course. You might remember Nicholas Sandman who claimed he was defamed by the media... and settled with some of them for Millions of dollars. See below.

"Nicholas Sandmann tweeted Friday he reached a settlement in his $250 million defamation lawsuit against the Washington Post...
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2 Answers | Asked in Personal Injury, Business Law and Civil Litigation for California on
Q: Is there an instance where court found a publication liable for intentional infliction of emotional distress?

In Hustler Magazine, Inc. v. Falwell, 485 U.S. 46 (1988), supreme court ruled that Public figures and celebrities cannot claim Intentional infliction of emotional distress for publications. Is there an instance where the person was not a celebrity and or a public figure and their IIED claim went... View More

James L. Arrasmith
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answered on Jan 24, 2024

In California, the scope for successfully claiming intentional infliction of emotional distress (IIED) against a publication or movie studio is quite narrow, especially post-Hustler Magazine v. Falwell. This ruling set a high bar for IIED claims involving public figures or celebrities, requiring... View More

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1 Answer | Asked in Business Law for California on
Q: Hello, can I get sued for having a similar business name in California? Not the same name but similar.

Both registered with CSLB.

James L. Arrasmith
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answered on Jan 23, 2024

In California, as in many jurisdictions, using a business name that is too similar to an already existing business can potentially lead to legal issues. This is especially true if your business operates in the same industry or market as the other business, as it could lead to confusion among... View More

1 Answer | Asked in Business Formation, Business Law and Gov & Administrative Law for California on
Q: What is the California Code Business and Professions Code for Insurance Agents to file for an Article of Incorporation?
James L. Arrasmith
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answered on Jan 23, 2024

Under California law, insurance agents who wish to form a corporation must comply with specific provisions in the California Insurance Code, in addition to the general requirements for forming a corporation under the California Corporations Code. The specific section of the Business and Professions... View More

1 Answer | Asked in Business Law and Civil Litigation for California on
Q: Right of Publicity protects someone from involuntary servitude?

In De Havilland v. FX NETWORKS, LLC, 2018 we learned that making songs, movies, and books from the real life of someone ordinary or famous is not infringing upon their right of publicity.

My question is when someone’s identity is being used in commercial speech, it is considered work.... View More

James L. Arrasmith
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answered on Jan 23, 2024

The right of publicity in California protects individuals from unauthorized commercial use of their identity, including their name, likeness, and personal attributes. This right is designed to prevent exploitation and commercial gain at the expense of an individual's persona. However, the... View More

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Landlord - Tenant for California on
Q: Can I reject H.A.C.L.A. (Housing Authority of the city of Los Angeles), rescission of their cancellation of a contract?

I received a letter dated 02/23/2023 from H.A.C.L.A. that stated my section 8 tenant failed to file their documents for

their yearly recertification for their housing assistance. The letter stated that if documents were not received by 03/31/2023, that my contract would be cancelled and... View More

James L. Arrasmith
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answered on Jan 21, 2024

In California, if H.A.C.L.A. (Housing Authority of the City of Los Angeles) initially canceled the Section 8 contract due to the tenant's failure to recertify, but later reversed this decision, your ability to reject this rescission depends on the terms of the contract and H.A.C.L.A.’s... View More

1 Answer | Asked in Banking and Business Law for California on
Q: California Finance Lenders Licensing (CFLL) Requirement

Our business model is marketing equipment loan/lease solutions to vendors and their customers. We provide budgetary loan/lease proposal terms to borrowers, collect credit information, and submit that information to lenders for review. The lessor/lender independently reviews the credit, issues... View More

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answered on Jan 19, 2024

In California, the CFLL is specifically designed for non-bank lenders. If you are brokering loans to banks, which are generally exempt from CFLL licensing, you may need a different type of license. The exact license depends on the nature of the transactions and the institutions involved.... View More

1 Answer | Asked in Business Law, Civil Rights and Municipal Law for California on
Q: Can county inspectors enter private property to do an inspection of a business onsite with no permission or warrant?

County inspectors arrived to my private property unannounced and walked past a closed gate with a posted "private property, no trespassing" sign and helped themselves to an inspection of an onsite business for code violations. They never even attempted to contact me beforehand, had no... View More

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answered on Jan 18, 2024

Under California law, county inspectors generally need either permission or an administrative warrant to enter private property for inspections. This is especially true for areas not open to the public or where there is a reasonable expectation of privacy. However, there are exceptions depending on... View More

1 Answer | Asked in Gaming and Business Law for California on
Q: i live in california and am 18 years old;i want to create a sports gambling app; is this ok if i host it in pittsburgh
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answered on Jan 18, 2024

Under California law, the legality of creating and operating a sports gambling app is subject to both state and federal regulations. Even if you host the app outside of California, the laws of California will still apply to you as a resident, along with the laws of the state where the app is... View More

2 Answers | Asked in Criminal Law, Employment Law, Tax Law and Business Law for California on
Q: Q: Is paying an ex girlfriend annual salary without working, thru your family Corp. without other owners knowing legal?

I have a sibling who receives an annual salary as an employee from her ex-boyfriends family corporation, which he does not own solely. She has not worked for him in a decade. I believe he does this to avoid paying her living expenses out-of-pocket, and to keep her silence, as she knows his tax... View More

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answered on Jan 18, 2024

In this scenario, several legal issues are raised, including potential tax fraud and employment law violations. Paying someone a salary for a position they are not actively working in can be problematic, especially if it's done to conceal other motives like tax evasion or hush money. If the... View More

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