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Michael Bernard Rover

Michael Rover’s Answers

45 total

  • 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

    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 not care for the pool that is another “pool guy”. They have AGAIN switched property management companies. The ne...

    Michael’s Answer

    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 are 100% in the right, if you want to do HOA business, it may be worth your while ultimately to get a license. It's not that difficult.

    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 following a thorough consultation and review of all the facts and evidence available. This response does not create an attorney-client relationship between the asking and answering parties.

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

    I am a material supplier. Can I prelim a job and have lien rights when selling to the sub or a subcontractor? Also, would it make a difference if it was a private or public job?

    Michael’s Answer

    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 notice. Consult a construction specialist, not a general practice lawyer. How to spot a general practice lawyer: they refer to a "20 Day Preliminary Notice" as a "pre-lien." ;-)

    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 following a thorough consultation and review of all the facts and evidence available. This response does not create an attorney-client relationship between the asking and answering parties.

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

    I want to quit my job but my employer says I will owe them $65,000 for development, housing, transportation, etc. I signed a contract that says if I quit I will repay any incurred expenses but if I am terminated I do not have to repay the fees. I...

    Michael’s Answer

    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 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 following a thorough consultation and review of all the facts and evidence available. This response does not create an attorney-client relationship between the asking and answering parties.

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

    I am filing a stop notice on a elementary school. I have sent the notice certified mail to the owner, lender and general contractor on the project. Do I also need to have it recorded with the county clerk like a Mechanic's Lien?

    Michael’s Answer

    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 following a thorough consultation and review of all the facts and evidence available. This response does not create an attorney-client relationship between the asking and answering parties.

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  • Question for Construction Attorney

    I hired a licensed CA contractor (he provided a written contract) to do some remodeling work for a home I live in, actually rent. My parents living trust owns the home. The contractor knew this, but was eager to take my money and has no authority ...

    Michael’s Answer

    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.cslb.ca.gov. Also, you can file a claim up to $12,500 on the contractor's license bond. Information on who his bonding company is and their contact information can also be found on the CSLB's website. By using the CSLB and the bonding company to keep the pressure on, you'll probably get this guy back to finish the job or get the necessary funds from the bonding company. It's a rigorous process but it works if you keep at it. God luck!

    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 following a thorough consultation and review of all the facts and evidence available. This response does not create an attorney-client relationship between the asking and answering parties.

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  • Unsure of next step, material supplier has issued a notice of lien of funds and lien on real property.

    I hired a contractor to build my home, he was paid by draws from the credit union financing my house. The money never entered my hands. Upon completion of the home we thanked the contractor and moved into the home. Now we are being served with...

    Michael’s Answer

    You need to consult a NC construction attorney. Depending upon the specific law in your jurisdiction, you probably need to make a demand on the contractor to indemnify you and remove the lien. Practically speaking, if the contractor has no money to remove the lien, you're going to have to fund the fight yourself. A competent construction specialist will be able to tell you if the lien is valid and whether all required procedural steps have been followed for the material supplier to have a valid lien. You should also closely read the fund control agreement that you had with the credit union to determine whether it was their responsibility to obtain all releases and waivers prior to funding payments. if the credit union dropped the ball, make a demand on them to get the lien released as well.

    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 following a thorough consultation and review of all the facts and evidence available. This response does not create an attorney-client relationship between the asking and answering parties.

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  • 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?

    A friend of mine has a small business she’s been operating for the past year. Before she opened her business, she went down to the country clerks office and ran a business name search. She didn’t see anyone having the same name so she registered ...

    Michael’s Answer

    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 business utilizing such fictitious business name, such corporate name, or a confusingly similar name, shall be entitled to the presumption as against the other, that he has the exclusive right to use such fictitious business name, or such corporate name, or a confusingly similar name, as a trade name in the county where the registrant has filed his fictitious business name statement."

    So the answer is: yes, you friend is screwed.

    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 following a thorough consultation and review of all the facts and evidence available. This response does not create an attorney-client relationship between the asking and answering parties.

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

    LLC is a partnership. Need to file a "First and Final" to convert it to a sole proprietorship so that I can just file a personal tax return with a Schedule C instead of a corporate tax return?

    Michael’s 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 your business.

    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 following a thorough consultation and review of all the facts and evidence available. This response does not create an attorney-client relationship between the asking and answering parties.

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

    My companies base location is in Florida (FL). I have some retail gift stores in some biggest malls in Miami. So, I have opportunity to open new shop in Los Angeles CA. I have no idea about all regulations, registrations, laws etc. Do I have regis...

    Michael’s Answer

    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 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 following a thorough consultation and review of all the facts and evidence available. This response does not create an attorney-client relationship between the asking and answering parties.

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  • Open new business in California with registered company from Florida

    My companies base location is in Florida (FL). I have some retail gift stores in some biggest malls in Miami. So, I have opportunity to open new shop in Los Angeles CA. I have no idea about all regulations, registrations, laws etc. Do I have regis...

    Michael’s Answer

    You can use your Florida LLC, but it must qualify with the California Secretary of State's office and designatate a California-based Agent for Service of Process (like a registered agent). You will also need to file with the California Franchise Tax Board and--since you will be collecting sales tax--with the California Board of Equalization. All of this is pretty straight forward stuff. Good luck.

    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 following a thorough consultation and review of all the facts and evidence available. This response does not create an attorney-client relationship between the asking and answering parties.

    See question