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Timothy Bryan Liebaert

Timothy Liebaert’s Answers

98 total

  • Adding a new company to your S-Corp

    I have an S-Corp. I plan on buying an individual non corporate company and want to add it as a DBA of my S-Corp.What is the process to do this? Will I be required to turn the new company into it's own corporation or simple keep it under the DBA um...

    Timothy’s Answer

    Its quite simple. First, simply buy the dba appropriately. After the corporation has acquired the dba, you will need to either transfer or re-register the dba. The dba's full legal name will be, ABC Corporation, dba XYZ.

    The hardest part is purchasing the dba correctly. The purchase can range from simple to difficult.

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  • What to do about a toy that had a needle in it?

    My fiance and I bought a water toy set for my 1 year old son about 3 weeks ago. We were letting my son play with the red water ball and water net for bath time. Well we decide yesterday that he could play with all of them in his little swimming po...

    Timothy’s Answer

    • Selected as best answer

    Besides all that, unless there was a serious injury it does not make sense to bring a product liability lawsuit. I would, however, alert the police and maybe the Federal Trade Commission. They keep records on this kind of stuff.

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  • How do I (plantiff) answer to a demurrer?

    it is re: filing suit to a medical devise implanted in me

    Timothy’s Answer

    A demurrer challenges the sufficiency of the complaint. Defendants believe that you made a mistake in your pleading. If they are right, the court will kick your lawsuit out of court.

    Your move is to file a Brief In Opposition to Demurrer. However, I have not seen the demurrer and do not know what they are alleging.

    The court will allow you to cure the defect, it the court thinks the defect can be cured.

    This can be tricky and if done wrong will result in the dismissal of your case.

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  • I have a commissioner in my case and I would like to request a judge, what forms do I need to request this change?

    I was told at one point that I could request the case be heard by a judge rather than a commissioner if the case was assigned to a commissioner. I have searched for the form to request this but have had no luck in finding this form. Is there a pro...

    Timothy’s Answer

    That is because the form is probably a "local form." For Los Angeles Courts, see

    It is called an affidavit of prejudice. However, use it with caution because if you lose, which is more likely, you may anger the Commissioner.

    If you have already appeared, it may be that you "waived" the fact that you have a Comm. on your case. If you appear at court and they ask you to "waive" the right to a judge (or Stipulate to Commissioner) don't do it and they will find a judge to hear your case.

    I have found that Commissioners in California are every bit as qualified as judges; so be careful. You may get what you ask for.

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  • Can one sue the city in CA if the city lose a hearing that they petitioned for?

    If the city attorney of CA file a petition to keep ones property, and if the judgment is awarded to the defendant, can the defendant sue the city to recoup the cost of his/her attorney fee, which is less than $5000? If so, is it small claims co...

    Timothy’s Answer

    Generally the answer is no. If you have a right to attorneys fees, that right is enforced by making a motion after the rendition of a judgment. There are strict time frames on making this motion. If you have a claim to fees (which is an entirely separate issue--and sometimes difficult) the motion must be made timely.

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  • My lease has expired and the landlord has not given me a new lease since 2007. Now I find that they are not paying the mortgage

    We have been renting since 2005. Lease expired in 2007. Landlord has never given a new one. Now we find they are not paying their mortgage and have asked them about it. We do not want to pay rent anymore and they have a $1,400 deposit. We ha...

    Timothy’s Answer

    I do not see that you have many options. If you do not have a written lease, with a term (time) on the lease, then you have a month to month tenancy; and you can be evicted at will. The issue about not paying the mortgage is not of your concern. It would be of your concern if you had a lease for the next couple of years, for example, and you have to move "because" of a foreclosure.

    The 1400 dollar deposit must be returned, with the exception of costs for damages to the property. (Normal wear and tear excluded.)

    Make a demand for that money and if the property is in good enough shape maybe they will kick some down.

    If you filed bankruptcy, it would halt things for a while. However, I cannot say that BK is the best way for you to go without knowing much more.

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  • Am I going to prison or jail for hs11378 in san bernardino,ca .its my first offense.

    Its my first offense what will happen hs11378. 2 ecstasy pills.

    Timothy’s Answer

    California Health and Safety Code 11378 pertains to the possession of controlled substances with intent to sell, and includes references to related California drug codes. Code 11378 includes the associated penalty for violating the law and any exceptions to the law. It is followed by codes related to additional offenses regarding illegal possession or handling of controlled substances.

    California Health and Safety Code 11378 prohibits the illegal possession of controlled substances for purposes of sale within the state of California and defines the offense as a felony.

    Code 11378 prescribes a term of imprisonment from 16 months to three years in the state prison for violating the code. Thus, the "low" term is 16 months and the "high" term is three (3) years.

    It is possible to avoid jail and prison. (Jail is the local jail where persons are sentenced to less than a year of incarceration. Prison (e.g., the Bighouse) is where persons go who are sentenced for more than a year.

    Depending on the facts, it is possible that you could be sentenced to prison for this violation. It happens. However, given the state of the crowded jails sometimes these offenses are minimized. Having said that, often times it requires legal acumen to determine how to minimize the effects of your arrest.

    Read more: California Health & Safety Code 11378 |

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  • My case was dismissed but my car was towed .can i get car money back?

    i was automatically accused for being a shooter . over medical plants . my car was towed and but on a thirty day hold. 1100 was the cost to get car back which ed i paid to get out. the case was dismissed . can i get money back??

    Timothy’s Answer

    If you were justifiably mistaken for the shooter than I would say no chance. If you were not justifiably confused as the shooter, then you could sue, perhaps, in small claims court. First, however, it would be necessary to file a Government Claim. That must be filed within 6 months of the incident, or basically you are out of the water. They might even accept and pay the claim, if they agree a terrible mistake happened.

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  • Our ac is broken and the landlord might not pay to get it fixed.should i pay the rent this month?

    our ac has been braking down because its old,now the landlord got an estimate from the repair company,and might not pay! should we still pay rent in the meantime,even though we are stuck in the heat?

    Timothy’s Answer

    In California you can "repair and deduct." The "repair and deduct" remedy allows a tenant to deduct money from the rent, up to the amount of one month's rent, to pay for repair of defects in the rental unit.

    This remedy covers substandard conditions that affect the tenant's health and safety, and that substantially breach the implied warranty of habitability.

    Examples might include a leak in the roof during the rainy season, no hot running water, or a gas leak.

    As a practical matter, the repair and deduct remedy allows a tenant to make needed repairs of serious conditions without filing a lawsuit against the landlord. Because this remedy involves legal technicalities, it's a good idea for the tenant to talk to a lawyer, legal aid organization, or tenants' association before proceeding.

    The basic requirements and steps for using the repair and deduct remedy are as follows:

    The defects must be serious and directly related to the tenant's health and safety.

    The repairs cannot cost more than one month's rent.

    The tenant cannot use the repair and deduct remedy more than twice in any 12-month period.

    The tenant or the tenant's family, guests, or pets must not have caused the defects that require repair.

    The tenant must inform the landlord, either orally or in writing, of the repairs that are needed. (See "Giving the landlord notice".)

    The tenant must give the landlord a reasonable period of time to make the needed repairs.

    What is a reasonable period of time? This depends on the defects and the types of repairs that are needed. The law usually considers 30 days to be reasonable, but a shorter period may be considered reasonable, depending on the situation. For example, if the furnace is broken and it's very cold outdoors, two days may be considered reasonable (assuming that a qualified repair person is available within that time period).

    If the landlord doesn't make the repairs within a reasonable period of time, the tenant may either make the repairs or hire someone to do them. The tenant may then deduct the cost of the repairs from the rent when it is due. The tenant should keep all receipts for the repairs.

    It's a good idea, but not a legal requirement, for the tenant to give the landlord a written notice that explains why the tenant hasn't paid the full amount of the rent. The tenant should keep a copy of this notice.

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  • How can I evict a renter without a written lease agreement?

    I rented a garage unit in back of my home to a family, we never had a written contract and the unit was not built with permits. Will this prevent me from being able to evict the tenant for non payment?

    Timothy’s Answer

    No, you can evict the tenant for non-payment. However, if there is an issue with the premises they could sue you, claiming that the place is not habitable. Then, you would have a different issue.

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