Michael Bernard Rover’s Answers

Michael Bernard Rover

Palm Desert Real Estate Attorney.

Contributor Level 9
  1. What funds in a construction project does a stop notice affect? Only the scope involved or all sub contracts?

    Answered over 4 years ago.

    1. Michael Bernard Rover
    2. Richard Harrison Skalbania
    3 lawyer answers

    Your question leaves out a few important facts such as whether this is a private or public works project. To answer your question directly, the Stop Notice affects only the funds claimed in the Stop Notice and the specific trade/scope. However, many institutional construction lenders "freak out" when a Stop Noitce is served on them and it can have the effect of the lender refusing to fund anything. Attention: This response is based upon general legal theories and may or may not...

  2. Do we have to join the HOA? Don't want to- they sue too much and waste money. They reneged on their deal with us.

    Answered over 4 years ago.

    1. Tamara L. Boeck
    2. Michael Bernard Rover
    2 lawyer answers

    There are way too many variables in your situation to provide an informed answer. Consult a real estate attorney. 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 to practice as each state has different laws. Each situation is fact specific and requires comprehensive legal evaluation...

  3. Problem with California contractor

    Answered over 4 years ago.

    1. Joseph Clark Melino
    2. Steven Alan Fink
    3. Randall Owen Parent
    4. Michael Bernard Rover
    4 lawyer answers

    While I completely agree with Mr. Parent's analysis of this situation, I strongly urge you to file a complaint with the Contractors State License Board. That will hopefully keep this guy from doing this to someone else. 99% of contractors are honest, forthright, hard-working folks; guys like this give the remainder of contractors a bad name. Attention: This response is based upon general legal theories and may or may not specifically address issues that affect your individual legal matter...

  4. WE are the "POOL GUY” for a condominium here in San Diego. We take care of the 2 ponds with water features in the complex. We do

    Answered over 4 years ago.

    1. Pamela Koslyn
    2. Steven Alan Fink
    3. Michael Bernard Rover
    3 lawyer answers

    As you correctly state, no license is required for maintenance of pools or lakes. However, if any reapir or service is over $500 you'll need a license. Here in palm Desert, there are hundreds of HOAs and many management companies are ill-informed about license requirements. Likewise, for an unfair advantage some landscape maintenance companies and pool maintenance companies tell the management companies that their competitiors "aren't even licensed" as if a license is required. While you...

  5. Does a material supplier have lien rights when selling to a sub of another sub?

    Answered over 4 years ago.

    1. Randall Owen Parent
    2. Barbara Peyton
    3. Michael Bernard Rover
    4 lawyer answers

    Yes, you have lien rights as a material supplier to a sub. You must comply with the 20 Day Preliminary Notice requirements and give notice to the project owner, lender, general contractor, AND and upper tier subcontractors/suppliers. That means you must give notice to the sub to whom you are supplying materials and anyone up that line to the GC and the owner. As discussed in other answers to your post, lien rights do no exist on a public works job; the remedy in that situation is a stop...

  6. If I quit my job what are my obligations to pay my employer back for training and development?

    Answered over 4 years ago.

    1. Steven Alan Fink
    2. Michael Bernard Rover
    2 lawyer answers

    I handled a matter like this for a client of mine who was a broker with a major investment brokerage. As it turned out, the brokerage just wanted to make sure that the employee did not take his training and go to work for a competitor. Once he assured them he was not, they let him go without requiring repayment of the training expense. If you are planing on leaving whatever industry you are in, you may want to throw that on the table and see what the employer says. Attention: This...

  7. Do I need to record a stop notice with the county clerk recorder?

    Answered over 4 years ago.

    1. David William Ginn
    2. Steven Alan Fink
    3. Michael Bernard Rover
    3 lawyer answers

    Follow Mr. Ginn's advice. It is accurate while the other response is not. No need to record or file a bond. 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 to practice as each state has different laws. Each situation is fact specific and requires comprehensive legal evaluation...

  8. Can a business sue me because I'm using their name even though I own the DBA but they are a Corporation in the same state?

    Answered over 4 years ago.

    1. Kevin Brendan Murphy
    2. Daniel Nathan Ballard
    3. Pamela Koslyn
    4. Michael Bernard Rover
    4 lawyer answers

    Cal. Business & Professions Code section 14416 states: "If, as to the same or a confusingly similar trade name, in a county, there are both a corporation entitled to the rebuttable presumption created by Section 14415 and a registrant entitled to the benefit of the presumption created by Section 14411, whichever has filed the fictitious business name statement, filed the articles of incorporation, or obtained the certificate of qualification first in time, and is actually engaged in a trade or...

  9. Formed an LLC for business, but 2 days later partner bows out. Can I dissolve my LLC and avoid the $800 LLC Tax?

    Answered over 4 years ago.

    1. Michael Bernard Rover
    1 lawyer answer

    Technically, you probably need to file the first and final and pay the $800 minimum franchaise tax. I think the better questions is: what would happen if you didn't pay it? The FTB would ultimately suspended the LLC. How bad would that be if you had no desire to operate under the LLC? That's a business decision you'll have to make. As a further consideration, who is designated as the tax matters members of the LLC? If it's your (former) co-member, let her/him deal with it and go about...

  10. Open new business in California with registered company from Florida - II

    Answered over 4 years ago.

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

    Foreign ownership is not a problem, but it may affect your tax filing requirements. For example, S-corporations cannot be owned by non-resident foreign citizens since S corps pass their income through to their shareholders for payment of the income taxes. The IRS wants someone in the U.S. they can enforce taxcollection against, so non-residents cannot own S corp stock. Attention: This response is based upon general legal theories and may or may not specifically address issues that affect...