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I am a member of a California LLC with 55 members, managed by another LLC. Our operating agreement specifies a contact for the Manager, but this was changed without notice or consent. Now, I can only communicate through an Investor Relations team that neither provides Manager access nor answers my... View More 
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answered on May 16, 2025
The manager's conduct in changing the contact method without notice or consent may not be lawful under California LLC laws and the operating agreement, depending on the specific terms of the operating agreement and the manager's fiduciary duties. California law provides that the operating... View More
I was driving a vehicle that was gifted to me, but it is in my ex’s name. I recently got into a fender bender and found out that the insurance coverage for the car was removed a year ago without my knowledge. The car was purchased for me in February 2023, and my ex had been paying for the... View More
answered on May 16, 2025
If it’s in your ex’s name, it might be his car. However, you were driving. You had an accident. It’s your responsibility. It’s also your ex’s responsibility as the apparent vehicle owner who let you drive the car with his permission.
The situation involves a TOD deed, signed by my now-deceased parent on October 2nd, 2023, witnessed by two non-relatives. The notarization was completed separately ten days later on October 12th, 2023, and signed by my parent's valid Power of Attorney (POA), one of the daughters who is an... View More
answered on May 14, 2025
There are two types of notarizations a notary may use: (1) jurats; and (2) acknowledgments. [You only need to know the names. Don’t worry about what they mean unless you plan to become a notary.] Notaries must follow different rules for each type of notarization.
Most commonly, real... View More
I hired a temporary worker for a 3-day evaluation period and sent his payment two days after his last working day. Due to the Thanksgiving holiday, the postal service delayed the payment, and he received it late. We communicated via text, but there was no formal contract. Now, the worker is asking... View More
answered on May 17, 2025
It is a common error for employers to believe they can mail a final payment, NOT SO FAST! If you hire an employee who YOU terminate- for cause or for the end of the temporary work, you have to pay them right then. In person. Or before. (no one pays before because few workers would return for the... View More
I am an employee at a waxing establishment in California. A guest experienced a skin tear during a procedure I performed while following company procedures, and she is now suing both the company and me. Although I am a paid employee, I have received a contract from the company's lawyer to sign... View More
answered on May 10, 2025
Anyone can be sued for anything.
You are sued for activities performed within the course and scope of your job and the injury was not intentional, the employer has a legal obligation to indemnify you for reasonable and necessary expenses, including the costs of defending the claim or paying... View More
I am an employee at a waxing establishment in California. A guest experienced a skin tear during a procedure I performed while following company procedures, and she is now suing both the company and me. Although I am a paid employee, I have received a contract from the company's lawyer to sign... View More
answered on May 10, 2025
Yes it’s legal. Your employer has a duty to indemnify you for expenses you incur in the course and scope of employment. If you refuse the employer’s offer of a defense, it can argue that any expenses you incur were voluntary and it doesn’t have an obligation to indemnify you.
I recently left my job at a tech company in California, where I signed an NDA as part of my employment agreement. HR and IT have requested that I submit my personal USB device for inspection and wiping, claiming I downloaded some work-related files before my departure. I've deleted most of the... View More
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answered on May 9, 2025
Hello. You've said here that there were work files on the device, so the company has a legitimate concern about what else you might have. I'd ask them if they'd take a Declaration from you that you have deleted everything you had (assuming that's true). You no longer work there,... View More
We sold a 2006 Toyota Corolla "as is" to a customer in California, and they signed and acknowledged that the vehicle was sold without warranties. The alternator failed 25 days after the sale, and the customer is now planning to sue us in small claims court, alleging that we should have... View More
answered on May 8, 2025
IF the sale of a vehicle in CA is from a consumer, even without an AS IS designation, the presumption is that no warranties are given, short of warranty of title. You've stated you sold it marked AS IS. Short of knowingly misleading the buyer, the equities lie in favor (here) of the seller.... View More
I was employed under a contract, and I recently received a letter notifying me of a change in my employment status to terminated, citing a lack of work as the reason. My employment is not covered by a union agreement. Am I eligible for severance pay or any other benefits, and is this termination... View More
answered on May 7, 2025
You should be eligible for unemployment benefits, since your termination was not based on your intentional misconduct or wilful disregard of the employer's interest. For example, employees terminated for poor performance are still eligible for unemployment benefits.
In California,... View More
I was employed under a contract, and I recently received a letter notifying me of a change in my employment status to terminated, citing a lack of work as the reason. My employment is not covered by a union agreement. Am I eligible for severance pay or any other benefits, and is this termination... View More
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answered on May 7, 2025
Hello. Sorry to hear about your layoff. The terms of your contract will govern. If there's no severance provision, then there's no severance unless the organization wants to provide it. There's no legal right to severance, otherwise. If the contract discusses early termination by... View More
I have a final divorce judgment that requires property separation through a QDRO, specifically a cash payment from a 401(k) by a specific date. That date has now passed without payment. I have not yet contacted the 401(k) plan administrator. We hired a QDRO specialist to handle the filing. There... View More
answered on May 6, 2025
I'm not sure I understand the problem. Did you get a QDRO? Was that QDRO filed with the court? Was that QDRO then served on the plan administrator? If yes, to all these questions, and you have not yet received what you are due, you need to take that up with the plan administrator. If you... View More
My spouse signed a severance package agreement which specified that payment would be made within 3 days. However, the employer says they will not pay until my spouse's grievance is resolved. Is the employer allowed to delay the severance payment under these circumstances in California?
answered on May 2, 2025
If the severance agreement was signed by the employer, and if the terms of the agreement did not allow that to occur, then delaying the payment is a breach. However, must such agreements waive all rights against the company, and if your husband signed the agreement, then the basis of his grievance... View More
I have lived in a company-owned apartment for over three years, which was included as part of my employment agreement signed on April 5, 2022. My position was eliminated last week, and upon notification, the HR manager stated that I would have seven days to vacate the property. I requested more... View More
answered on Apr 23, 2025
Lodging that is part of the employment bargain is treated differently than a normal lease situation. The right to stay in the lodging can be terminated immediately upon the termination of the employment. Sorry. The employer can oust you immediately. Good luck to you.
I have lived in a company-owned apartment for over three years, which was included as part of my employment agreement signed on April 5, 2022. My position was eliminated last week, and upon notification, the HR manager stated that I would have seven days to vacate the property. I requested more... View More
answered on Apr 23, 2025
Your right to remain in the apartment ends when your employment is terminated. You are required to vacate the premises by the deadline provided by your employer. If you fail to move out by that date, the employer may initiate an unlawful detainer action against you. Best of luck.
Sincerely,... View More
I was involved in a car accident in California where I was not at fault. During mediation, the final offer was $100,000, but my attorney advised waiting. Two weeks later, I received a release for $85,000 without prior notice. I requested to see the other party's proposal offer, the total... View More
answered on Apr 21, 2025
There are several red flags that indicate cause for concern, and others do not.
The portion coming from your own insurance company would not be included in the release.
It is unclear why the settlement is no longer $100,000.
Liens can be negotiated, in some situations,... View More
I have been working for RV Trader as a sales representative for 14 years. I do not have a signed non-compete agreement or any other written contracts restricting customer contact or competition. I am considering a position with a competing company. Under Section 16600, what restrictions might apply... View More
answered on Apr 17, 2025
The only restrictions that might apply to you is violation of trade secret laws. You are allowed to freely compete with a prior employer as long as you do not take work product that would qualify as trade secrets. If you signed a confidentiality provision, then you might also be limited by the... View More
How does a company justify attorneys’ fees when collecting identical debts from numerous customers? The company's in-house attorneys are enforcing a contract with attorney fees by suing me, and they file nearly identical lawsuits against other customers weekly, using a longstanding template.... View More
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answered on Apr 16, 2025
When a contract includes an attorneys’ fees clause, it typically allows the prevailing party to recover “reasonable” attorneys’ fees incurred in enforcing the agreement. Even if the legal work is repetitive or done using templates, the key issue is whether the fees claimed are reasonable... View More
My mom's home, which was in a trust, was sold and the proceeds were split between my brother and me. I then financed the remaining amount as a mortgage with my boyfriend. Now that we are splitting up, we need to sell the house. Although we have a verbal agreement regarding the division of... View More
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answered on Apr 15, 2025
In order to provide you with accurate guidance regarding the division of sale proceeds, one would need a few key details about the property and your arrangement with your co-owner:
1. Ownership Structure
• How is the property titled?
(For example: Joint tenancy, tenants in... View More
My mom's home, which was in a trust, was sold and the proceeds were split between my brother and me. I then financed the remaining amount as a mortgage with my boyfriend. Now that we are splitting up, we need to sell the house. Although we have a verbal agreement regarding the division of... View More
answered on Apr 16, 2025
The default division of proceeds for co-owners when selling is 50/50 unless there is an agreement to the contrary. If there are text messages, emails, or other writings that outline the agreement, those can serve as evidence of the terms of the agreement to prove that a 50/50 split was not the... View More
I recently quit a job where I had a company card and agreed that I owe the company money. They want me to admit negligence for them to deduct the amount from my final paycheck, stating it would protect me legally. I have documentation for what I owe but haven't consulted a legal advisor yet.... View More
answered on Apr 14, 2025
If you authorize the deduction of the inaccurate expense reimbursement in writing based on a inadvertent mistake, they get the money and it will be very unlikely to affect your future employment anywhere else. You do not have to agree to the term negligence. The key is that intentional misconduct... View More
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