Tamara Lynn Harper’s Answers

Tamara Lynn Harper

Westlake Village Trusts Attorney.

Contributor Level 10
  1. A corporation I am an officer of is being sued. Can they come after me and my personal assets.

    Answered about 1 year ago.

    1. Michael Charles Doland
    2. Sagar P. Parikh
    3. Michael Leo Potter
    4. Eric J Camm
    5. Tamara Lynn Harper
    5 lawyer answers

    I would recommend that you first have your corporate records books and files reviewed for compliance and to ensure the corporate veil cannot be pierced. Second you should seek the advise of a litigation attorney who is also familiar with corporate statutes and inquire about the probability and likelihood of filing a demurrer to the complaint to get you personally out of the lawsuit. In order to enforce a judgment against your personal assets, the Plaintiff must first have a judgment against you....

    3 lawyers agreed with this answer

  2. Do I need a Californa Certificate of Qualification or Statement of Foreign Corporation for my Nevada LLC because I live in Calif

    Answered over 5 years ago.

    1. Tamara Lynn Harper
    2. Okorie Okorocha
    2 lawyer answers

    I would recommend that you register your Nevada corporation in California as a foreign corporation. You will need to have a Certificate of Good Standing from Nevada. This filing will trigger compliance with the California Corporation laws and annual filings etc. I recommend that you seek the advice of counsel in order to consider whether or not your are doing business within this state and to consider many other necessary factors in considering this registration. It is not a simple black...

    1 lawyer agreed with this answer

    2 people marked this answer as helpful

  3. I have a DE LLC for my online business. I live in CA - do I need to have a CA LLC as well?

    Answered over 5 years ago.

    1. Tamara Lynn Harper
    2. Dana Howard Shultz
    2 lawyer answers

    You most likely do not need to create another corporate entity. However, you need to register your LLC as a foreign LLC doing business in California. If you are engaging in business from California in any capacity whatsoever e.g. monitoring your online sales, managing the business, you are doing business in California. Online businesses are tricky and subject you to the jurisdictions that you do business in e.g. other states you sell or offer your products to. These states each have their...

    3 people marked this answer as helpful

  4. Does Mom need to go through probate for the house (or stocks, cars) if it's in her name and her husband's. He recently died.

    Answered over 5 years ago.

    1. Tamara Lynn Harper
    2. Janet Lee Brewer
    2 lawyer answers

    Probate procedures in California are complicated. Your step father passed intestate, or without a will and a probate will need to be filed. Under the probate code, family relations of certain degrees must be notified. The children will need to be notified. If all of the assets are community property, then you mother will inherit as spouse. However, if there are any assets held in joint tenancy or separate property, your mother may not be entitled to those assets in their entirety. I...

    2 people marked this answer as helpful

  5. Removing my name from a corporate

    Answered over 5 years ago.

    1. Tamara Lynn Harper
    2. W. James Slaughter
    2 lawyer answers

    You will need to resign an corporate officer and Board member, as appropriate (no form, just a letter dated and signed). You will need to transfer your stock shares to the remaining shareholder - sign the back of your stock certificate. Make sure the stock transfer ledger is updated. You will need to file a new Statement of Information with the California Secretary of State (no filing fee if amended already filed annual statement) to remove you as officer, board of director and...

    2 people marked this answer as helpful

  6. What if the lawyer pass away and we need to find out if there is a copy of trust (will).

    Answered over 5 years ago.

    1. Tamara Lynn Harper
    2. Robin Mashal
    2 lawyer answers

    When a lawyer passes away in California, the State Bar of California has specific notification procedures and rules and regulations. You may contact the State Bar of California and advise them of your situation. You may also contact or go online to the Ventura County Superior Court (presuming the Attorney passed in Ventura County) and type in the name to determine if a probate has been filed. If it has, you will need to contact the estate representative or his/her attorney. They will be...

    1 lawyer agreed with this answer

  7. Does a pending probate case, override a civil case involving real property?

    Answered over 5 years ago.

    1. Tamara Lynn Harper
    1 lawyer answer

    You need to be presented by counsel in California probate court, as the process is complicated. There are no enough facts of your case presented. I strongly recommend that you advise the judge in each court e.g. probate and civil of the related case in the other courtroom. A probate case (if there was a will or no will) is required to be filed within 45 days of the death of the decedent.

    1 lawyer agreed with this answer

  8. DO OFFICERS SALARIES AND BONUS HAVE TO BE GIVEN IN DOLLARS IN THE BOARD OF DIRECTORS MINUTES

    Answered over 5 years ago.

    1. Tamara Lynn Harper
    1 lawyer answer

    No you do not need to set forth specific amounts of officer and board member salaries within the board of director annual minutes. The State of California requires certain items to be prepared on an annual basis. We refer to this as annual corporate compliance and/or governance. The Board of Directors must have annual meetings and minutes as well as the Shareholders. Please review your Bylaws to determine when this meeting is to be held and the notice requirements. The main purpose of the...

    2 people marked this answer as helpful

  9. What are my obligations to the trademark holder?

    Answered about 5 years ago.

    1. Pamela Koslyn
    2. Tamara Lynn Harper
    3. Daniel Nathan Ballard
    3 lawyer answers

    Copyright protects “original works of authorship” that are fixed in a tangible form of expression. If the person is objecting to the name of the train, then I do not see the legal problem presented. I recommend that you show the letter to an attorney for specific advice. I would however, expect that the person objecting is claiming copyright rights to the photo itself. Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation,...

    1 person marked this answer as helpful

  10. Power of attorney? Next of Kin? Father is in hospital under full sedation, can not speak, is not coherant, is on ventalator!

    Answered over 5 years ago.

    1. Tamara Lynn Harper
    2. Douglas Lee Edgar
    2 lawyer answers

    I am sorry to hear about your father. A power of attorney would allow to act for him on his behalf financially and perhaps medically, if you also had HIPAA Declaration, and Durable Power of Attorney for Health Care. Unfortunately, you cannot obtain these documents, as your father is unable to have them prepared for him and sign them. You cannot do so for him. When he recovers, he may then seek out these documents in addition to other estate planning documents. You may be able to apply for...

    1 person marked this answer as helpful