Bruce Leonard Beal’s Answers

Bruce Leonard Beal

Dana Point Business Attorney.

Contributor Level 9
  1. Creating a co-sole proprietorship in California?

    Answered almost 5 years ago.

    1. Bruce Leonard Beal
    2. Steven Alan Fink
    3. Dana Howard Shultz
    3 lawyer answers

    Actually, in California a husband and wife can be classified as a sole proprietorship for state tax purposes, although registered domestic partners must be classified as a partnership. Similarly, the IRS (Revenue Procedure 2002-69) officially states that you can treat your husband and wife business as a sole proprietorship for federal tax purposes. As a result, you can report all your business income and expenses on Schedule C of your Form 1040, rather than a complicated 1065 with Schedule K-...

    2 people marked this answer as helpful

  2. Business Contracts for starting a small business

    Answered about 5 years ago.

    1. Dana Howard Shultz
    2. Pamela Koslyn
    3. Bruce Leonard Beal
    3 lawyer answers

    For basic business documents, such as non-disclosure agreements, you should still use an attorney for your specific circumstances, but look for attorneys who charge low fixed fees for such basic agreements. If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by Avvo or through my firm’s website located at BealBusinessLaw.com. I do not know all the facts of your case, and I do not legally represent...

    1 lawyer agreed with this answer

  3. Using a DBA name for anonymity, copyright, and income

    Answered over 5 years ago.

    1. J Anthony Vittal
    2. Bruce Leonard Beal
    3. Erik Swen Syverson
    3 lawyer answers

    If someone really wants to discover an individual behind such an effort, they can. If you want to make it harder, a dba doesn't work as you need to provide your individual name in order to register it, which becomes a public record, unless you use a mere alias. Also, when you show your copyright notice, as you should, on your materials, you must legally use the owner's true name in the notice. Therefore, you should organize as a corporation or LLC (which, beware, has a minimum $800 annual...

    2 people marked this answer as helpful

  4. CALIFORNIA: health insurance

    Answered over 5 years ago.

    1. Galen Gentry
    2. Bruce Leonard Beal
    2 lawyer answers

    A private California employer is not required to offer health insurance, absent a labor contract requirement, but it is commonly offered on a premium-split basis between the employee and the employer. Your "20 employee" reference may refer to the fact that if you offer health insurance, you must under federal law continue coverage after termination of an employee under certain circumstances (COBRA); but under later-enacted California law, such coverage must be offered for a few as 2 employees (...

    1 person marked this answer as helpful

  5. Register Trademark in My Name Now or in LLC Name After Formation?

    Answered over 4 years ago.

    1. Dana Howard Shultz
    2. Bruce Leonard Beal
    3. Bryant Keith Martin
    4. Theodore Lyons Araujo
    4 lawyer answers

    Both lawyers above are correct. This is just to make it clear that "first to use is first in right" under US trademark law. You don't need to register to have a trademark. So, I would recommend that you rule out as best you can any potential pre-existing, similar, and significant trademarks used in your industry prior to using your trademark. Proviso: The above information does not constitute legal advice and does not establish an attorney-client relationship between us.

  6. We are considering changing from a General Partnership to an LLC. What advice can you give?

    Answered almost 5 years ago.

    1. Galen Gentry
    2. Bruce Leonard Beal
    3. Dana Howard Shultz
    3 lawyer answers

    To answer your last question first, as it seems to be the overriding issue, each partner in a general partnership is jointly and severally liable for all of the liabilities of the partnership, i.e. your personal assets could be taken for the acts of your partner in the partnership in the extreme case. Your business may not involve significant risks, and even if so, much of these risks (except contractual) can be insured. Having said the above, corporations and LLCs in California involve...

  7. Can I sue someone for a royalty (or just in general) for creating a business with my name in it and who never asked me?

    Answered almost 5 years ago.

    1. Galen Gentry
    2. Bruce Leonard Beal
    2 lawyer answers

    You probably have no right to royalties or claim of infringement, unless you are a public figure. A person will be held liable for infringement only if he or she has a "bad faith intent to profit from the mark, including a personal name which is protected as a mark, e.g. the name of a Hollywood celebrity whose name identifies his or her performances. If you are a professional, and the other person is a professional, then use of your name may be unlawful. Rules and regulations of a profession...

  8. Where can I find a Lawyer in Orange County, CA who specializes in Start-Up Companies; specifically Fashion Industry related?

    Answered almost 5 years ago.

    1. Dana Howard Shultz
    2. Jeremy Smith
    3. Laura Christine Hess
    4. Bruce Leonard Beal
    4 lawyer answers

    For licensing and permitting information, please visit http://www.calgold.ca.gov/. For establishing trademarks and business organizations, please visit http://bealbusinesslaw.com/.

  9. Hello I'm looking for an atorney to file a trademark for my business

    Answered about 5 years ago.

    1. Pamela Koslyn
    2. Bruce Leonard Beal
    2 lawyer answers

    While you have trademark rights through use ("First in use is first in right"), there are several advantages to registering a trademark with the US Trademark Office: 1. Once a mark is registered (principal register), there is a presumption of trademark ownership and validity in any subsequent litigation involving the trademark. 2. Trademark registration also creates what is called "actual notice" or "constructive notice," which informs all parties that the trademark is the exclusive...

  10. Does a out-of state corporation have to file for a California DBA if it wants to do business as a Fictitious bisiness name?

    Answered about 5 years ago.

    1. Pamela Koslyn
    2. Bruce Leonard Beal
    3. Jonas M. Grant
    3 lawyer answers

    And, if you use the same business name as that associated with your foreign corporate registration in California, then you will not need to register as a fictious business name. My response does not constitute legal advice, as I do not know all of the relevant facts of your case, and I do not legally represent you. Although I strive to make sure the information I provide is generally accurate and useful, you should promptly consult an able lawyer who can learn the unique details of your case...