Jingming Cai's Answers

Jingming Cai
San Jose Intellectual Property Law Attorney.
Contributor Level 11

4

Attorney answers:

  1. Jingming Cai
  2. Brad S Hindley
  3. Phillip Monroe Smith
  4. Boris Zinovjevic Gorbis

I dissolved a corporation ten years ago in California. It had no debts. Is it possible to reopen it?

Asked by a user in Sacramento, CA - 6 months ago.

You have to file a new Articles of Incorporation with Secretary of State of California. It will have new incorporation date and new tax ID.

4 lawyers agreed with this answer

1 person marked this answer as helpful

6

Attorney answers:

  1. Michael Charles Doland
  2. Pamela Koslyn
  3. Jingming Cai
  4. Michael Alan Shimokaji
  5. Bruce E. Burdick
  6. ···

Can i sue sony software corporation in Japan for stealing and releasing my music work on their software box set?

Asked by a user in Los Angeles, CA - 6 months ago.

From my personal experience in the litigation for my clients, Sony has very complicated corporate structure and you need to find out exactly which Sony subsidiary or affiliated company that you had contract with, before proceeding with a lawsuit.

1 lawyer agreed with this answer

5

Attorney answers:

  1. Christine C Mccall
  2. Jingming Cai
  3. Shawn Regis Jackson
  4. Scott Richard Kaufman
  5. Kevin Samuel Sullivan

How do I get my refund from a binding contract with a private school

Asked by a user in Tracy, CA - 6 months ago.

It really depends on the contract provision. You need to study carefully with an attorney if the contract allows early termination due to special situations.

1 lawyer agreed with this answer

4

Attorney answers:

  1. Jingming Cai
  2. Pamela Koslyn
  3. Susan P. Salas
  4. Che-Yang Chen

Why is fighting copyright infringement so difficult in China?

Asked by a user in Los Angeles, CA - 7 months ago.

You have to engage a local law firm to file a lawsuit and seek injunction and damages. Writing to the China copyright agency will not result in enforcement of your copyright. Same as here in US.

1 lawyer agreed with this answer

3

Attorney answers:

  1. Kristina Michelle Reed
  2. George William Wolff
  3. Jingming Cai

Real Estate Issue

Asked by a user in Vallejo, CA - 7 months ago.

Yes, partition action is the only legal way to get your fair share out of the property, in my opinion.

1 lawyer agreed with this answer

3

Attorney answers:

  1. Jingming Cai
  2. Pamela Koslyn
  3. Steven Joseph Pena

I have trademarked a company name, can someone else incorporate that name?

Asked by a user in Newhall, CA - 8 months ago.

You probably cannot prohibit someone registering the corporate name, but you should be able to prohibit them from doing business under such name, provided it falls under the class of goods or services of your trademark.

1 lawyer agreed with this answer

3

Attorney answers:

  1. Robin Mashal
  2. Jugjit Singh Johal
  3. Jingming Cai

An LLC is receiving rents. The rents are split between the members of that LLC equally.

Asked by a user in Fresno, CA - 8 months ago.

It would depend on the operating agreement of first LLC whether it allows such practice. Unless the members are substantially the same, I don't see the reason for the manager to do so, without breaching any obligation to the members of first LLC.

1 person marked this answer as helpful

2

Attorney answers:

  1. Jingming Cai
  2. Frank Wei-Hong Chen

I've ask my question below.

Asked by a user in Imperial Beach, CA - 12 months ago.

You should file an Unlawful Detainer Action with your local county court, properly serve the Complaint and Summons on her. If she does not timely file an Answer, you should seek default judgment, get a writ of execution from the court, and ask local county Sheriff to evict her. Good luck!

1 person marked this answer as helpful

4

Attorney answers:

  1. Jingming Cai
  2. Shawn Regis Jackson
  3. Robert Forman Smith
  4. Brian Edward Walters

Reissue lost stock certificate

Asked by a user in Walnut Creek, CA - 6 months ago.

You should use new numbers for the stock certificate and mark on the ledger the old ones as lost.

2

Attorney answers:

  1. Jingming Cai
  2. Phillip Monroe Smith

Liability of unincorporated non-profit association and its board

Asked by a user in Fresno, CA - 6 months ago.

1. Yes, because the association is unincorporated, the "promoter"/"organizer" of the association may have personal liability for the tort committed or breach of contract by the association. 2. If the association has enough assets to pay for its obligations, sure. However, it does not seem to be the case. 3. Yes. It is normally a good idea to incorporate a business, even for non-profit purposes, to shield personal liabilities. That is one of the most significant benefit of incorporation.