A local family-owned business is closing up shop, but they owe me money. Is there any way i can still collect what they owe me? The owner does own other business, they just aren't all the same business (restaurant, hair salon, etc)
You need to contact a lawyer immediately to discuss your options. Whether the family is liable is dependent on whether there is a corporate entity (corporation, LLC, etc.) that owns the assets. Time is of the essence, as assets have a way of disappearing in cases like this. Find a good business litigation lawyer in your area right away.See question
I own a painting business in California. I have a DBA but I don't have my c33 painting and decorating lisence yet because I was unaware that I needed one upon moving to CA. We recently worked for a homeowner for around $3000. He paid half but on o...
You are at the homeowner's mercy, because you are not licensed. You cannot recover in court even if the homeowner told you he loved the work, even on a quantum meruit basis (basically, for work actually done). Stop all work and get your license as soon as possible.See question
A Memorandum of Costs was filed in LA Superior Court downtown after the plaintiff dismissed the case without prejudice. Plaintiff filed a motion to tax costs. If the motion to tax costs is opposed, is the prevailing party entitled to attorneys' ...
Attorneys' fees are recoverable as costs in only two situations:
1. There is a contract that allows the prevailing party to recover its attorneys' fees; or
2. There is specific statutory authority for the recovery of attorneys' fees (private attorney general, some class actions, civil rights violations, etc.)
In all other situations, the parties are to bear their own attorneys' fees.See question
I know that a restraining order is an order from the court that prohibits someone from causing harm to another (such as harassing someone, stalking them, etc.). I also read though that an injunctive relief could also be used for the same purpose ...
A restraining order is a form or subset of injunctive relief. In civil cases, a restraining order prevents someone from doing something (not just harassment, but also things like selling products, advertising, etc.), usually on a temporary basis until a full hearing can be had. An injunction occurs after a fuller hearing occurs; it can either last until trial, or if at a trial, after the trial. Most injunctions are "negative" actions, as in "you shall not . . ." A positive injunction ("you shall do . . ." or ";you shall turnover to plaintiff . . ." is much rarer, especially during the pre-trial stage.See question
I have trawled the Internet for an accurate answer and cannot find one anywhere. But I would like to know what exactly is supposed to be included in the final court disposition and what is usually its contents? If it is city and state spec...
Mr. Chen's answer is, as usual, correct (we're both Stanford, Class of 1985, so there may be a bias here). The judgment concerns the court's final decision regarding the dispute brought by the parties to the court. It could be what the jury or judge awarded to one of the parties, a declaration by the court about a disputed provision of a contract, etc. It depends on what the dispute is. Usually, in a civil case, there is an award of "costs" (as defined by the Civil Procedure Code) to the prevailing party, and possibly attorneys' fees if there is a statute or contract that allows it.See question
What is the statute regarding this?
Simply mailing it would be insufficient. You need to hire a process server that knows what they are doing. The constitutional right to due process requires personal service in most situations and frowns upon short cuts.See question
45% party ends up doing nothing and the 55% does 90% of everything , both are on a patent pending but I fill i am being taking advantage of , I paid paid 29k for start up and am still paying he has paid 1k , I have designed , built , marketed , ...
There are a few possibilities, such as a fraudulent misrepresentation, but you need to consult with a lawyer to get more data for your options. Any recommendations would require more facts that you can (or should) post here on Avvo. Most lawyers offer free half hour consultations, so talk to a few for possible options.See question
Looking to incorporate as single member lawyer, but I want to confirm what type of corporation I am allowed to incorporate as. I believe I cannot incorporate as an LLC, so was wondering what are the best options.
As a lawyer, you should have been able to figure this one out yourself. It bodes very ill that you have to ask other lawyers a basic question of law like this. This bodes quite ill for your career.See question
I received a phone call from an attorney asking questions about a situation from the past - he is representing someone I used to work with. There has been no subpoena, and this was not a deposition or anything like that. Just an informal call aski...
At this point, you have not been subpoenaed, so you are under no duty to cooperate with the lawyer. However, the lawyer may have the right to subpoena you later. Answering honestly now may mean you wouldn't have to testify later (the case might settle), but there is certainly no guarantee of that. If you have more facts, you should discuss them with an attorney of your choosing, rather than in a public forum like Avvo.See question
I am trying to do a search for certain terms in the CCP. Even though I can get any code section by searching google, I have been looking for hours and have not found where I could down load a pdf file so I can do a 'control-F' search and find ever...
Off-hand, I'm not aware of a complete .pdf file of the Civil Procedure Code, but there is an iPhone (and perhaps for other operating systems) app for California Civil Procedure for $6.99 that should allow you to do such a search. Good luck.See question