Nicholas Donovan Heimlich’s Answers

You should consult an attorney to defend you against the trademark lawsuit to prevent a judgment in the first place. Judgment proof means that you have no money, assets and will not ever have any, so the judgment holder won't go after you. Keep in mind this is not a strategy, as a judgment is good for 10 year and can be renewed for another 10 years at least. Further, you may come into money unexpectedly later in life. I would try to see about a settlement to avoid being in forced poverty...

LLCs cannot be S-Corp's. S-Corps are an election for Corporations, not limited liability companies. Before you form a corporation or LLC you should consult a tax attorney or accountant to determine which is better based on your planned business and the revenue, expenses and profit expected and other options. Please note that this answer is not legal advice, and should not be relied upon. Each state has different state laws and procedures. A review of all documents and a consultation at a...

There are questions as to whether this music studio is authorized by local zoning/use regulations. If it is not, then it may not be appropriate to have a studio there. Regardless of the law, you should try to find a way to work this out without the law. It would be hard to believe that this studio would be worth the hundreds or thousands to prove your rights in court. If it is, then find another place to live. This answer does not create an attorney client relationship. Consult an...

The proper person to sue is the person who paid for the trip. Also, you probably want to try writing a letter to demand your money back, as that may work quicker than a suit. Also try talking to other people at the travel agency. You may have your son come as a witness. This response is general information and is not a complete review. This answer does not form an attorney client relationship. Please have an attorney review all documents before deciding on a course of action.

Difficult situation. Unfortunately, delays in financing are all too common. Here are some things you may be able to do. If you still want to close the loan on the new terms, then I would proceed. If you don't like the terms, then you should have a financing contingency in your real estate contract which will let you get out without a penalty. The penalty or $5,000 should be only if you decide not to proceed. With respect to the landlord if you need more time, try to revoke the notice and...

In general, it must be paid at your regular payday. (usually every two weeks). There are some exceptions that could apply, but in general this is true. Hopefully, you've been paid by now. I do help workers collect wages owed. If you don't get paid you also have the right to go to court or file a complaint with the labor commissioner. Check out the website below (cut and paste it into the browser). http://www.dir.ca.gov/dlse/DLSE-FAQs.htm This answer does not form an attorney client...

Section 2 refers to if your wages are less than what you would be paid by unemployment. Unemployment determines exactly how much you would be paid based on past earnings. If you simply report your earnings, EDD should figure out whether you qualify. This answer does not create an attorney client relationship. Consult an attorney before you decide on a course of action. A review of all documents and a consultation at a minimum is necessary to render effective legal advice.

Why risk it? I would bet that if they owe money to EDD they are not contributing money to this new business venture. If that is so, then why give them an equity stake or even have them involved. An LLC is better than a partnership with this concern, but there is still always some risk. You also need to be careful to keep finances separate between the LLC and other parties. There are many steps you need to talk to avoid possible alter ego liability. You should consult a business attorney....

The answer to your question depends on the facts of the case, including the desired result, budget involved and whether there is any way to resolve this dispute by negotiation or some settlement. You need to consult an attorney and discuss the specific facts and documents involved so that they can formulate a strategy that works for you. This answer does not create an attorney client relationship. Consult an attorney before you decide on a course of action. A review of all documents and a...

Sometimes you can ask if there is a version without the arbitration clause, but they may not offer one. The issue will come up when someone wants to sue someone or there is a dispute. There is a possibility that you could challenged the clause, but it is an uphill battle to get around it. This answer does not create an attorney client relationship. Consult an attorney before you decide on a course of action. A review of all documents and a consultation at a minimum is necessary to render...