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Michael Bernard Rover

Michael Rover’s Answers

46 total


  • What licenses/permits do I need for an interior design business in CA?

    I opened an interior design LLC in California. Do I need any specific permits or licenses? For example, a buyer's permit? Or a license from the CCIDC?

    Michael’s Answer

    In addition to the responses from the other attorneys, while it is not a license issue, I strongly recommend that you incorporate your business if you have not already. If you contract as a sole proprietor you are subjecting all of your personal assets to unlimited liability for business debts and obligations. I once represented a wallpaper hanger who was being sued for mold. I suppose the plaintiff's position was that a roof leak that soaked the wallpaper would not have resulted in mold except for the wallpaper. Yes it's ridiculous, but also a good reminder that frivolous lawsuits can and do happen and you need to protect yourself.

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  • Builder damaged HOA Property

    Hi one of the builders for a complex we own ended up not doing his job correctly. The problem was part of the sink was not caulked correctly so water got into the sheer wall ( Our Property) and also on the wall behind that ( HOA Property). My ques...

    Michael’s Answer

    You will be directly liable to the HOA because your agent caused the damage; you may also have contractual liability under your HOA's CC&Rs. However, the builder is liable to you, and indirectly to the HOA, due to its negligence. Hopefully the builder you made sure that the builder had liability insurance and more hopefully, that you are listed as additional insured. If you are named as additional insured, you can file a claim with the insurance company to defend and indemnify you from any losses due to the builder's negligence.

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

    Hi... I just received California Preliminary Notice from a concrete supplier regarding to my backyard project after not receiving the payment from my contractor. However, my backyard project has been completed for more than 2 weeks. I already p...

    Michael’s Answer

    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.

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  • 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 ..

    owner ? How much time does the defendent get after the bank has been served In order to stop the garnishment? Where do you go to request a hearing? The bank's legal division advised me to go to the sheriff's station. What can the sheriff's station...

    Michael’s 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 amount to the Sheriff (not to the creditor) and the contents will eventually be returned to you.

    As far as requesting a hearing, you file with the court where the judgment was issued and request an exemption hearing if applicable. If it is a small claims judgment, you may also file a request to pay the judgment in installments. In the latter instance, you will be required to provide your financial informatio to the court and it becomes public reord, so be careful.

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  • Im a share holder in a LLC business and I want to know if a judgment against me personally can be attatched to the LLC?

    I would like to know if I get a judgement against me can the person that is collecting the judgment try and collect from the LLC business that Im attatched to or share holder of?

    Michael’s Answer

    A personal judgment can attach to your membership interest in the LLC. As an analogy, imagine you owned shares of stock in Microsoft Corp. A creditor could levy against those shares in an investment account and have the shares sold to satissfy the judgment against you. Similarly, a creditor can levy on your membership interest in the LLC. The big difference is that there is not an immediate market for a membership interest in a small LLC. There is no easy way to convert it into funds to satisfy the judgment. Therefore, most creditors are not interested in levying on your membership interest unless its just to harass you into paying. The creditor cannot however directly levy the assets of the LLC though.

    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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  • How do I register current DBA to a new LLC?

    Currently have a business with a DBA as a sole proprietor. Just created an LLC (under a different name). Now want to use\link the LLC to the current DBA name. Do I need to abandon the DBA first, then re-register the DBA to the LLC or is it poss...

    Michael’s Answer

    • Selected as best answer

    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 proprietorship DBA expire. If you want to be abundantly cautious that you are not personally liable for LLC obligations, you should abandon the sole proprieor DBA after filing the new LLC DBA.

    Alternatively, if another LLC is not already uing the name, you could change the LLC name to the DBA name. The LLC right would apply statewide however so if someone who filed in another county is already using the name, their rights may supercede the LLC's in those other counties.

    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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  • Time between preliminary 20-day notice and filing a mechanic's lien?

    I would have thought it was a 20-day notice, but can't find any authority stating how much time a contractor must wait after serving the preliminary notice and recording a mechanic's lien.

    Michael’s Answer

    There is no minimum time that you must wait between serving the 20 Day Preliminary Notice and recording a mechanic's lien. There are other requirements that have been well-addressed by the other attorneys who responded to your question, but as to your specific question, there is no such time requirement.

    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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  • How many months of delinquent hoa dues can the HOA pursue the mortgagee when deed in lieu of foreclosure?

    To be more precise, if a mortgagee accepts a deed in lieu of foreclosure, how many months of delinquent HOA dues can the HOA pursue from the mortgagee if the property is a condo located in the state of california?

    Michael’s Answer

    The HOA can only collect from the mortgagee from the date it became the legal owner.

    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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  • I'm a interior designer , I used my own cash to pay items and labors for my client's construction works , now they refuse to pay

    .I had a contract agreement with this new hair salon that I listed all the services and prices for them , and indicated that does not cover or included their out door signs and lighting. They said they do not have enough cash flow as a new busine...

    Michael’s Answer

    I am not familiar with Illinois law, but several states require contractors to be licensed to contract for construction work then provide goods and services pursuant to the contract--even painting, window tinting, etc. I'm sure at this point you're saying "I'm a designer, not a contractior," but under California law what you are doing is considered contracting and requires a contractor's license. My point is that you need to be aware of any legal requirements that Illinois may impose of businesses such as yours before you rush into court and demand payment under an oral contract or unjust enrichent theory.

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

    got dust in the grout on the new tile floor. The paper on the sheetrock was roughed up when he sanded which will make it look pretty shabby when painted,and the walls have not been retextured. He tore out the wood threshold and has not replaced ...

    Michael’s Answer

    • Selected as best answer

    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 remedial work is not properly completed by the deadline. Be firm but not unreasonable. Remember that if you do end up in court, you want to make sure that all of your actions appear businesslike and reasonable under the circumstances.

    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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