James Carl Eschen III’s Answers

James Carl Eschen III

Santa Cruz Real Estate Attorney.

Contributor Level 16
  1. I haven't maintained my corporation well. Is it too late to start now?

    Answered over 1 year ago.

    1. James Carl Eschen III
    2. Samuel G Lockhart
    3. Frank Wei-Hong Chen
    4. Ann Penners Bergen
    5. Dana Howard Shultz
    6. ···
    6 lawyer answers

    Relax. There is a difference between formalities and trivialities. The law understands that forcing your to meet with yourself formally does not benefit anyone. The term "meeting" implies the existence of two parties. Other factors are much more important. Is your corporation adequately capitalized for the level of business, or is it a shell? Have you used its property for your personal benefit without paperwork showing a dividend or salary? Have you expended personal funds, without...

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  2. Writing a concern letter to the court about the manner in which the hearing was held /comments made/judge's attitude.

    Answered over 1 year ago.

    1. Frank Wei-Hong Chen
    2. James Carl Eschen III
    3. Jack Richard Lebowitz
    4. Robert Bruce Kopelson
    4 lawyer answers

    Unsuccessful parties frequently accuse judges of bias. You would have to show absolutely concrete evidence of bias if you want to make it an issue. A lack of success does not count.

    14 lawyers agreed with this answer

  3. So i went to a hearing mandatory settlement conference n my lawyer said all they where offering was $5,000

    Answered over 1 year ago.

    1. James Carl Eschen III
    2. Rixon Charles Rafter III
    3. Robert Bruce Kopelson
    4. Malosack Berjis
    4 lawyer answers

    Apparently the defendant tried to get an order to compel you to attend a deposition without first making a motion. It sounds very strange. I assume you have asked your lawyer. She would know best.

    13 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Signed a Non-Compete agreement with company I worked with in the past. Can we start LLC with only my wife as member to run biz ?

    Answered over 1 year ago.

    1. Craig Trent Byrnes
    2. James Carl Eschen III
    3. Frank Wei-Hong Chen
    3 lawyer answers

    Note that what you signed is a confidentiality agreement, not a noncompetition agreement. Noncompetition agreements are unenforceable in California. You and your wife may still compete against your former employer, but you may not use the trade secrets. As Mr. Byrnes said, what is and is not a trade secret can be a difficult question. The nature of the business and the skills you learned are generally not trade secrets, but your employer's processes are. Speak to a lawyer about what you may...

    13 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Can one buy a California business with a non-compete obligation?

    Answered over 1 year ago.

    1. James Carl Eschen III
    2. Christopher Palmer
    3. Michael Charles Doland
    4. Dana Howard Shultz
    5. Matthew Corin Bradford
    5 lawyer answers

    Yes. The California rule against noncompetition agreements has an exception for the sale of a business. The agreement must still be reasonable in place and time; the same town is probably a reasonable place. I would have a lawyer review the noncompetition agreement as well as every other aspect of the sale.

    13 lawyers agreed with this answer

  6. Is a business partner responsible for personal grantees of another partner on the loan for a business they have together?

    Answered over 1 year ago.

    1. Michael Raymond Daymude
    2. James Carl Eschen III
    3. Michael Charles Doland
    4. Dana Howard Shultz
    4 lawyer answers

    If you are a partner in a partnership, as opposed to a member of a limited liability company, you are liable for the partnership's debts. That's what being a partner means. The partner who pays more can seek reimbursement from the one who pays less.

    12 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Should I handle all business (sign contracts, register for services etc.) with my LLC name or personal name?

    Answered over 1 year ago.

    1. James Carl Eschen III
    2. Michael Leo Potter
    3. Jeff Hoang Pham
    4. Daniel Nathan Ballard
    4 lawyer answers

    You must sign your own name to contracts, but the contract should make clear that you do so on the LLC's behalf. Doing business under your own name would eliminate the LLC's entire purpose, which is to protect you from debts incurred in the LLC's business.

    12 lawyers agreed with this answer

  8. 02-26-13 Does a plaintiff respond to the denials of a defendant and make a formal filing with the court? Thank You

    Answered over 1 year ago.

    1. James Carl Eschen III
    2. Frank Wei-Hong Chen
    3. Victor Look
    3 lawyer answers

    You do not respond to the answer. You use all your evidence at trial or on a motion for summary judgment.

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Is it possible to add a co-cross-defendant to my cross-complaint?

    Answered over 1 year ago.

    1. Pamela Koslyn
    2. Malosack Berjis
    3. James Carl Eschen III
    4. Robert Bruce Kopelson
    5. Michael Leo Potter
    6. ···
    6 lawyer answers

    You would have to get an order allowing you to amend the complaint. If you cannot get the other parties to stipulate, you have to bring a noticed motion for leave. You also have to make sure that the statute of limitations has not barred an action against the other partner. The statute of limitations continues to run until you amend the complaint. It does not stop when the action was first brought.

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  10. Can I answer a summons and complaint in California before I'm served?

    Answered over 1 year ago.

    1. Robert Harlan Stempler
    2. James Carl Eschen III
    3. James Mark Moore
    4. Constantine D. Buzunis
    5. Robert Bruce Kopelson
    6. ···
    6 lawyer answers

    Just answering the complaint makes much more sense than playing games with service. If you want more time, you could call the plaintiff or the plaintiff's attorney and say that you will answer the complaint despite the lack of service. You can then agree on a date by which you will answer.

    10 lawyers agreed with this answer