Galen Gentry's Answers

My husband and i want to open a home based business and i am confused over a sole proprietor, partnership, joint venture. help?

I would advise you to focus on the tasks of marketing and providing excellent goods and/or services. The purpose of corporations, LLCs and other business entities is to provide protection from personal liability for business debts and to memorialize the rights and the obligations of the individuals who are shareholders or members. For many new businesses the best initial ownership structure is either a sole proprietorship or if more then one owner is involved a partnership. A sole...

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Joint ownership

Disputes arising out of real estate transactions often fall into one of two catagories: misrepresentation cases and breach cases. Misrepresentation cases concern allegations that one or more parties and sometimes brokers either misrepresented or omitted important facts about real property in order to induce the purchaser to contract. Had the purchaser known the true facts, he or she would not have entered into the agreement. Breach cases concern allegations that one party failed to perform...

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Pay question for work from home job. employer is in utah. and i work from cali

Your company should Draft a formal agreement about the hours and job duties associated with your working from home Properly record the hours worked by a telecommuting employee Accurately compensate telecommuters for all hours worked including overtime Calculate wage/hours for varying situations such as travel, “wait-for-work”, mileage and other expenses Develop a sound telecommuting policy that is FLSA compliant It does not sound like it has done all these things. The company...

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Can I make my husband move out after he's served divorce papers?

You have to file an order to show cause ( a legal motion with the court) in which you ask for possession of the residence during the course of the marital dissolution. You will need a good reason. A common reason accepted by the courts is that the spouse has physically abused you or your children. Your spouse must be served with the order to show cause, within the time frame specified by law and he has a chance to respond either in writing or verbally at the hearing. The court will not hear...

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How do I go about dissolving a Corporation that I am 1/3 partner in due to lack of ability to work together?

Not to pour salt on the wound, but this is a "teachable moment." Although you don't address it in your question, I'll wager that you and the other shareholders did not use a lawyer to create the business entity you now want to dissolve. Had you done so, you might have saved yourself time, trouble and money. An attorney familiar with the issues facing small businesses will discuss an exit strategy with you prior to incorporation. The shareholders could have agreed in advance on what to do...

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What issues allow a franchisee to sue their franchisor?

You are writing from Los Angeles, but you don't state where you are located. California has franchise investment laws that require franchisors to provide pre-sale disclosures, known as "offering circulars," to potential purchasers. Thirteen of these state laws treat the sale of a franchise like the sale of a security. They typically prohibit the offer or sale of a franchise within their state until a franchise offering circular has been filed on the public record with, and registered by, a...

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998 - does the law define "more favorable"?

The court only considers monetary awards. The basic mechanism of Section 998 is straightforward. In your case the offer came from the defendant. Under Section 998(c), if an offer made by a defendant is not accepted and plaintiff fails to obtain a more favorable judgment, the plaintiff (a) is not entitled to recover court costs, and (b) must pay the offering defendant's costs from the time of the offer. In addition, the court has discretion to award all of defendant's costs from...

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Where can I get advice on possible medical malpractice?

Mr. Hefland, the lawyer from Illinois, stated it succinctly: 'not every bad result is malpractice.' To win a malpractice case your lawyers must show, through the use of the testimony of other doctors, that the care you received was below the standard of care for doctors in your area (that it was negligent) and that your injury was legally caused by the below standard care. Every medical malpractice case is very fact specific. Generally, here in California a lawyer will review the facts of...

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My boyfriend was fired after filing for disability, after the end of his leave of absence. Can he sue his former employer?

There are a host of federal and state statutes providing or affecting leave rights based upon employee illness or injury. Different employers are subject to different rules depending on the number of employees. You don't indicate how many employees the company has. I will limit this answer to a discussion of the CFRA . I won't address the federal Family and Medicat Leave Act. The federal law and the state law are similar but have important differences. The California Family Rights Act (...

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Child support modification and opening another case on the same father.

Child support calculations in California are simple and yet complex. Child support amounts are determined using a mathematical formula codified in Family Code Section 4055. Child Support Can Be Reduced or Increased by Making a Court Motion If the facts support it and you make a formal motion to the court for a modification you can have support increased or reduced. For example, if the parent receiving the child support inherits money, gets a large raise or otherwise has an...

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