Robert John Murillo's Answers

Can I open a LLC in state of Nevada for a rental place I have in california?

You will still have to pay CA franchise taxes and also Nevada fees and registered agent costs. The Nevada LLC is doing business in CA and will have to qualify. Sorry, but there is almost no way around CA franchise taxes for entities, that I know of (when I practiced there some dozen years ago).

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Bench or jury for breach of contract cases...

My colleague is absolutely right. Without knowing about the facts about the case, the claims, and the parties, there is no way anyone can answer. You need to speak with a local litigator who has expertise in trying your type of contact case in the specific venue (where the case will be tried). If you cannot afford an attorney for full representation, at the very least retain an attorney so they can advise you on the law and procedure.

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Client went out of business; what are our rights for collecting upaid debt?

If they have filed bankruptcy under Chapter 7 and this will be determined to be a no asset case, your rights of collection are none. You could consider filing an adversary proceeding, but that will cost more than the value of the debt and you may lose that unless there was fraud or other basis to avoid discharge. You can speak with a local bankruptcy attorney, but if this is a no-asset Chapter 7 case, you will get nothing and you cannot file suit now or after discharge to try to collect. Sorry.

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Does an Attorney have to inform you that they have been disciplined by the Bar and not able to able to practice?

Her duty was not merely to inform. It was not to act as your attorney. If your attorney was disbarred at the time that you retained her as your attorney and she was practicing law without a license, it is legally no different than if some unlicensed person provided you legal advice. It is illegal and, assuming what you say is accurate, this would be a basis for a longer period of being disbarred or maybe being permanently disbarred.

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Does a creditor have the option of naming me personally, the owner and member of a multi-member LLC, and my LLC in a lawsuit?

It is common practice to name the members and the LLC. The issue is whether the individual member is actually liable under piercing the veil theories and how the defense attorney responds. The issue of piercing the veil is complicated, but undercapitalization, failing to follow formalities, fraud, and so on are factors. It really depends on the exact facts. The use of the terms and conditions is a totally separate matter. It is not an issue of circumvention and you cannot have a terms and...

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I need some good business advice..

You don't have a whole lot of options unless you had the foresight to have a written shareholders agreement drafted when you started your business. If you don't have an agreement and your business gets to the point where it cannot function (such as when there are disputes between equal shareholders), the court can force a dissolution. Speak with a local business attorney as soon as possible.

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Can I set up a NV LLC without living there ?

I agree with my colleagues answer, as a general matter. That said, Nevada LLCs do have a few unique features that may make the useful for asset protection purposes. If, however, you are not doing this based on understanding of those features and a decision that such features justify the cost, just forming in Nevada based on the endless hype from the promoters it a poor decision. You should always retain a business attorney or an accountant to discuss entity selection options and ideas....

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Do I need to form a LLC and transfer my rental properties to the LLC with quit-claim deed?

You should always get approval from your lenders. If you are transferring the assets to a wholly owned LLC (meaning you are the only member), the approval should not be a problem. If the property is owned by several persons, there are other issues. As to asset protection strategies, establishing entities is a good idea. It is, however, only a first step and you should speak with a local business attorney to discuss all strategies.

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What is a consumers legal rights concerning when a business refuses a payment?

I don't know any federal law that would cover this. This should be a contract matter. I assume that you have a written loan agreement. Review that and determine if they can refuse a partial payment (I would strongly believe there is such a clause). Normally, them accepting a prior partial payment is not a binding requirement to accept this going forward. The contract should also include a waiver clause that specifically refers to this situation. Now, in theory, they could have waived their...

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What are the tax implications of employing someone out of state?

If you have a CA employee and office you may have to qualify your business in CA. If that is the case, you will have to pay franchise taxes and other fees. There are plenty of good CA attorneys on this site and they should respond. You should retain one to discuss the issues of qualification and if there are ways around this issue.

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