Michael Bernard Rover’s Answers

Michael Bernard Rover

Palm Desert Real Estate Attorney.

Contributor Level 9
  1. How do I register current DBA to a new LLC?

    Answered about 3 years ago.

    1. Michael Bernard Rover
    2. Shawn Regis Jackson
    3. Frank Wei-Hong Chen
    3 lawyer answers

    I would advise against abandoning the name first. You want some overlap thee so that there is no gap between your sole proprietorship usage and the LLC's usage. You personally are entitled to use the DBA now in the county(ies) where it is currently registered, and you are simply assigning that right to the new LLC. The LLC can just file a new DBA.. County Clerks generally do not check for prior use or enforce against competing uses. Just register the DBA name under the LLC and let the sole...

    Selected as best answer

  2. A contractor remodeled my bathroom. He put a knockdown texture to the wall instead of a smooth, in sanding off the knockdown he

    Answered about 3 years ago.

    1. Michael Bernard Rover
    2. Patricia Ilene Forman
    3. Paul Gerard Minoletti
    3 lawyer answers

    The bright side is that it sounds like everything is repairable. Now you need to motivate the contractor to make the repairs. Unfortunately you are at the point where the stick is a better motivator than a carrot, so let the contractor kno in writing that you are dissatisfied and that his or her work falls below industry standards. Giv the contractor a reasonable deadline to have the work completed and let him know that you will withhold payment and hire a replacement contractor if the...

    Selected as best answer

  3. How to response to California Preliminary Notice from a supplier after already paying contractor in full?

    Answered almost 2 years ago.

    1. Michael Raymond Daymude
    2. Cathleen M Curl
    3. Joseph Clark Melino
    4. Chi Leung Ip
    5. Michael Bernard Rover
    5 lawyer answers

    A 20 Day Preliminary Notice can be served at any time, but it only "reaches back" 20 days from when it is served. This is a long way of agreeing with the other responding attorneys that it is untimely. However, this in indicative of a bigger problem and there may be other subs and suppliers who have not been paid but have timely served 20 Day Notices. I recommend that you be proactive and firmly demand that you general pay all subs and provide you appropriate releases from all of them.

    2 lawyers agreed with this answer

  4. Am I sunk because I dint serve the 20day preliminary notice and cant take him to court now or am I lost and he doesnt have to pa

    Answered over 4 years ago.

    1. David William Ginn
    2. Michael Bernard Rover
    2 lawyer answers

    The failure to file a 20 Day Preliminary Notice probably eliminates your lien rights against the owner, unless you can prove that he/she had actual knowedge of your subcontractor releationship. Youcan still sue the GC without a 20 day Preliminary Notice. Attention: This response is based upon general legal theories and may or may not specifically address issues that affect your individual legal matter or situation. It should not be relied upon outside of the jurisdiction(s) in which the...

    1 lawyer agreed with this answer

  5. Question for Construction Attorney

    Answered over 4 years ago.

    1. David William Ginn
    2. Matthew Timothy Bechtel
    3. Michael Bernard Rover
    3 lawyer answers

    I hate to say it, but shame on you for paying the contractor before he was done. Now that that's out of the way, as a consumer in a construction contract in California, you have many rights and remedies. The Home Improvement Act (Business & Professions Code section 7150.1 to 7167) applies to this contract and it sounds like the contracvtor has violated many provisions of it. As a result, you can get some assistance from the Contractors State License Board by filing a complaint. Go to www....

    1 lawyer agreed with this answer

  6. Do I need a business license for a book publishing business in California?

    Answered over 4 years ago.

    1. Pamela Koslyn
    2. Michael Bernard Rover
    3. John J. Sullivan
    3 lawyer answers

    I am not aware of any specific state license requirement for a book publisher in California. However, you will need a city business license in the are where the business is established. You may also want to look to see if there is a SCORE (Service Corps Of Retired Executicves)chapter in your area for assiastance negotiating the regulatory reqiuirements of your area.

    1 lawyer agreed with this answer

  7. How do you remove a writ garnishment on safe deposit box ? Why is the subpoena & hold for 2 years? What are the rights of co ..

    Answered almost 2 years ago.

    1. Michael Bernard Rover
    1 lawyer answer

    Each county is different, but in most counties either the Sheriff's Court Services Division or a Marshal's Division actually execute the levy by going to the bank, etc. They then inventory and take possession of the contents of the safe deposit box. That is why the bank recommended that you talk to the Sheriff's Department. In most counties, the Sheriff holds the goods for a set time, like 30 days, before disbursing the goods or conducting a sale. During that time, you may pay the judgment...

    1 person marked this answer as helpful

  8. Did not get full disclosure on monthly HOA when I offer the contract.

    Answered over 4 years ago.

    1. Steven Alan Fink
    2. Michael Bernard Rover
    3. Kenneth Evan Chyten
    3 lawyer answers

    If you haven'tclosed yet, you have not been damaged. Depending upon the terms of the Purchase & Sale Agreement, you have the right to demand that the seller pay the special assessment or you may cancel the contract and receive a refund of your deposit. Attention: This response is based upon general legal theories and may or may not specifically address issues that affect your individual legal matter or situation. It should not be relied upon outside of the jurisdiction(s) in which the...

    1 person marked this answer as helpful

  9. Can I register a restaurant as a business even though I make the food from home and deliver it?

    Answered over 4 years ago.

    1. Michael Bernard Rover
    2. Pamela Koslyn
    2 lawyer answers

    If you are "selling food," you probably are required to obtain food handling permits and comply with County Department of Health requirements. You may want to anonymously contact your County's health department and ask a few questions. Attention: This response is based upon general legal theories and may or may not specifically address issues that affect your individual legal matter or situation. It should not be relied upon outside of the jurisdiction(s) in which the attorney is licensed...

    1 person marked this answer as helpful

  10. LLC or Corporation for many different businesses? We'd like to have it all under one entity if possible.

    Answered over 4 years ago.

    1. Dana Howard Shultz
    2. Michael Bernard Rover
    2 lawyer answers

    What you are proposing is legal, but may not be practical. For example, i assume you have errors and ommisions insurance for the IT consulting business. You E&O insurance carrier may balk at the idea of having a completely unrelated business, such as a vacation rental business, operate under the same corporation. That's just one example that may become a problem. I recommend you consult with a gray-haired business attorney before taking any further steps. Attention: This response is...

    1 person marked this answer as helpful