David William Leonard’s Answers

David William Leonard

San Diego Business Attorney.

Contributor Level 8
  1. Do I need separate bank account and separate accounting for the DBA/Fictitious name?

    Answered about 1 year ago.

    1. David William Leonard
    2. Michael Charles Doland
    3. John Noah Kitta
    4. Shawn Regis Jackson
    4 lawyer answers

    You do not need a separate accounting for tax purposes because the S-Corp will be the primary filing entity. You could have a dozen DBAs associated with the S-Corp, but they will all be reported for tax purposes via the underlying S-Corp. You may, however, want to separate them internally for your own management purposes. "DBA's" are filed with the county in which you will be doing business, whereas your incorporation is handled by the Secretary of State's office. Banking is similar to the...

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  2. My insurance company rejected a claim against me do I have recourse?

    Answered 8 months ago.

    1. Wendy Marie Schenk
    2. David William Leonard
    3. Myron Wayne Tucker
    4. Christian K. Lassen II
    5. John P Corrigan
    5 lawyer answers

    The obligations of the insurance company are governed by the terms of your insurance policy. Your insurance company is not obligated to automatically pay whatever the other side demands or "asks for." Therefore, they can wait for the other party to sue which will force the other party to prove their damages. Since fault was unable to be determined, you should consider suing, or counter-suing, for your damages. You can't prevent a lawsuit, but you can strengthen your position with a claim,...

    8 lawyers agreed with this answer

  3. Can a manager or member of an LLC investing in real estate in California be held personally liable for the actions of the LLC?

    Answered over 1 year ago.

    1. David William Leonard
    2. Douglass S Lodmell
    3. Dana Howard Shultz
    4. Michael Charles Doland
    4 lawyer answers

    Certainly consulting with the members regarding a matter in the ordinary course of business would not necessarily create adverse personal liability, unless the activity discussed was tortuous or criminal. In the latter case, the members could be held vicariously liable for your wrongful acts. Consultation with an attorney could help assure that the contemplated eviction is handled lawfully.

    7 lawyers agreed with this answer

  4. Similar name, different business?

    Answered over 1 year ago.

    1. David William Leonard
    2. Michael Charles Doland
    3. Clayton Harold Walker Jr.
    4. Kalpana Nagampalli
    4 lawyer answers

    If the similarity is causing consumer confusion between the two companies, and the other company can show that the confusion is costing them business, you could have a problem. Why go there if you don't have to?

    6 lawyers agreed with this answer

  5. Do I need to form an LLC or S Corp?

    Answered 8 months ago.

    1. David William Leonard
    2. Michael Charles Doland
    3. Frank Anthony Natoli
    3 lawyer answers

    Generally, you would not need to form a corporation or other entity to hire outside contractors. However, depending on the nature of your relationship and degree of control you exercise over them, you may be exposed to vicarious liability for their acts. In this scenario the limited liability protection provided by a corporation, LLC, etc. may be desirable. A business attorney can assist you with evaluating the facts of your particular situation.

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  6. Am I at risk for legal trouble for a very old student loan I was (and still am) unable to pay off?

    Answered 7 months ago.

    1. David William Leonard
    2. Golnar Sargeant
    3. Robert J Adams Jr.
    3 lawyer answers

    As my colleague indicated, student loans have been given a status similar to child support in that they are difficult obligations to evade. At some point, you will likely need to "face the music" and work out some sort of payment plan with the entity currently entitled to collect the debt. Otherwise, you may continue to be "pursued" and your credit and future employment opportunities likely will suffer.

    5 lawyers agreed with this answer

  7. S-Corp vs LLC taxed as S-Corp?

    Answered over 1 year ago.

    1. David William Leonard
    2. Ronald J Cappuccio
    3. Bruce Givner
    3 lawyer answers

    An S-Corp and LLC are two distinctly different forms of business entities, but are treated similarly for tax purposes-profits and losses flow directly to the owners personally. An S-Corp is a corporation, and thus a separate legal entity. The "S" refers to Subchapter S of the Internal Revenue Code and is an election made by the owners following incorporation to avoid the double-taxation associated with corporations. There are numerous rules and restrictions involved, and a business attorney...

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  8. What constitutes a binding contract in California in regards to services?

    Answered about 1 year ago.

    1. David William Leonard
    2. Celia R Reed
    3. Michael Charles Doland
    3 lawyer answers

    This question really addresses 2 separate, but related issues: 1) Does he have to pay for day care? and 2) If so, does he have to pay it to you?. I agree with my colleague that the family court has resolved the first issue by ordering him to pay for half of day care. As for the second issue, there are several contract related theories that will allow you to recover at least the reasonable value of your services based on your prior course of dealings with your ex son-in-law. Verbal contracts...

    3 lawyers agreed with this answer

  9. Do you need a license to send an invoice and collect money from your website?

    Answered over 1 year ago.

    1. David William Leonard
    2. Andrew Mark Jaffe
    2 lawyer answers

    Internet advertising and marketing does not, in and of itself, require "special licensing." Whatever your local business and professional licensing requirements are, if any, must still be satisfied as if you were operating any other store-front or home-based business. An important consideration, however, is that Internet-based interstate commerce, including advertising, may subject you to being sued in a distant state if you don't honor your end of the bargain. The "seals" you mention are...

    3 lawyers agreed with this answer

  10. Can I buy and resell trademarked or unregistered trademarked products legally?

    Answered over 1 year ago.

    1. Bruce E. Burdick
    2. David William Leonard
    2 lawyer answers

    A trademark does not have to be "officially" registered to be enforceable, although registration is highly recommended. The issue will be whether your use of the logo or name causes consumer confusion with another user. I would recommend consulting an Intellectual Property attorney to help you avoid an unexpected lawsuit before you invest a lot of time and money in your venture.

    3 lawyers agreed with this answer