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Michael Charles Doland

Michael Doland’s Answers

15,535 total

  • Are staffing agencies required by law to disclose the amount they charge the client for a consultant's service?

    I work as an IT consultant. I am employed by a consulting agency (Company1) and I work for a client (Company2). Company1 and Company2 are both located in California. I get my paychecks from Company1 and they get paid by Company2 for my se...

    Michael’s Answer

    No, there is no such obligation (unless it exists under a contract you have with company 1.)

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  • Prenup to diminish communal property for specific reasons leading to divorce enforceable?

    Is it possible to make a prenuptial agreement that decreases or increases communal property where the divorce is for a specific reason. For example infidelity and refusal to have children?

    Michael’s Answer

    There is a very good chance the agreement would be characterized as void as against public policy. Further, since irreconcilable differences is the general standard for dissolution, not infidelity, etc. you are setting your agreement up for failure. I don't think that prenuptial agreements are do it yourself projects, but others may differ.

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  • How serious is it that I forgot to verify my response to complaint? The plaintiff is demurring my answers.

    I forgot to verify my response to complaint and now the plaintiff is demurring my response asking for all the answers to be stricken out so that he can get a judgement based on a default. How deep in the feces am I? thanks I did sign it and send...

    Michael’s Answer

    Lawyers regularly claim it was secretarial or administrative error. Granting a default at this stage would appear to be an abuse of judicial discretion. If the opposing counsel didn't call you before filing the motion, make sure to mention that in your responsive pleadings to the motion. Don't miss the deadline in replying to the motion. Make sure you both filed your versification with the court AND sent a copy of the verification with a proof of service to opposing counsel.

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  • Looking for legal counsel to begin process of opening a wine bar. regarding licenses, laws, etc including retail of food.

    Opening a wine bar and looking for legal counsel to guide me through the process from beginning to end. Location for wine bar will be Los Angeles, CA.

    Michael’s Answer

    Obtaining your wine and beer license is the tip of the iceberg.
    Step 1 - Budget. Do you know what things cost. How many glasses of wine do you need to sell to cover operating costs (not to mention capitalized expenses) Assuming you have been in this business and have a CPA, this is step 1.
    If you've never been in the business and don't have a CPA there is no step 2.
    Step 2: negotiate and document a lease and options to renew.
    Step 3: employment related issues
    Step 4: corporate entity (simplest part of all)
    Steps 5 - 15 ... Well, start with 1 - 4.

    Good luck and best wishes for your success.

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  • It may be possible in some way to realize our dream ?

    Hello, I am an Italian girl of 20 years old and I live here in Italy with my boyfriend and our one year old daughter . I graduated as a technician of the social services , but I am not working because I'm at home with my daughter , while my boyf...

    Michael’s Answer

    You need a lawyer in immigration. Look for the answers posted by Mr. Giaccomo (Jacques/Jack) Behar who speaks Italian here in LA and San Diego.

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  • How do you change directors and shareholding for a Delaware C Corp?

    We have a startup for which we registered a Delaware C Corp. There were 5 founders and each of them was made a director. An internal agreement was signed for equity. Now, one of the founders has left and we need to revise the directorship and s...

    Michael’s Answer

    It is time for the corporation to hire a lawyer. The answer is in your bylaws, and hopefully you have some, and if not in the statute.

    The real issue is not in your questions, which are good. The real issue is there are a lot of questions you don't know you need to be asking.

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  • Can I enter into a loan agreement and security agreement with a friend who needs a large loan?

    A friend of mine needs to borrow a substantial amount of cash for a business venture. He has offered a generous interest rate and collateral in the business property (i.e., the real estate). I would like to enter into a contract with him, and just...

    Michael’s Answer

    A note and a deed of trust appear to be the way to go: i.e. a true loan and not equity. When you use a lawyer as you intend to do you are not incurring an expense. You are making sure you are getting advice you can rely on, not just analysis, backed up by the malpractice insurance carrier of the lawyer.

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  • I work at a family owned business. Would putting a freeze on my credit reports thwart any efforts to "snoop around"

    Would putting a freeze on my credit reports keep malicious people from seeing my Chapter 7 bankruptcy?

    Michael’s Answer

    Once you file pleadings is civil or bankruptcy court they are public records. Anyone can view or make a copy of your court filings.

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  • What is most cost effective way to trademark a logo and a company name? Can you please let me know how much you charge?

    I would like to trademark a logo and a name. What is the most cost effective way to do this? I want to make sure that I have good protection at a good price.

    Michael’s Answer

    You can trademark the logo and the name separately or together. The first is preferable, the second cheaper.
    It's not the cost of the lawyer: it's the clearance of the name, and a discussion of how you want to develop your trademark into a brand. Cheaper may or may not be better.

    Lawyers will not advertise their prices here on Avvo or any other advertisement or site. The price difference, in any event is not great, and good advice is probably worth much more that the money differential.

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  • What is the next step that I should take?

    I would like to start a business selling clothing online. I have a domain and an ecommerce account. What do I need to do next for setting up a business license, trademark, etc.? I would eventually like to open a physical location.

    Michael’s Answer

    Your domain name if you don't own the underlying trademark is of little value.
    Next priority: sell some goods, and then file for trademark protection for your goods sold in commerce.
    Forming an entity can wait, and unless you are successful enough may be a waste of money. Consult your CPA.
    Business license: contact your city, and yes, it's mandatory for sales made and delivered from your location, even if you are making offers on the internet.
    Finally, don't buy from China and try to resell. They regularly infringe on the trademarks of others and your goods from China are likely to be seized at Customs.

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