Eugene John Mascoli Jr's Answers

Does CA CCP Code 704-060 have subdivisions

Sounds like you are doing this by yourself. When dealing with the Code of Civil Procedure you have to know your way around pretty well or you can easily misapply the sections. Take a look at the link below. It lays out the section you are referring to and its subsections. Note that my response does not create an attorney-client relationship between us. You should not rely on my response in any way as legal advice. I urge you to talk with an attorney in a timely manner about the specifics of...

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When does a loan from an LLC to one of its member become a taxable event for the member ?

From your question it is not clear who you think would owe taxes. Let me try this. If an individual borrows money, (the loan) it is not a taxable event to the borrower. The borrower didn't receive income or compensation, he/she is borrowing something that needs to be returned. So if your question is do YOU owe taxes on the $200k the answer in most cases is no. And in certain circumstance you might be able to write off the interest that you paid on the loan. If the lender on the other hand...

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Neighbors tree roots encroaching into my patio/pool/drainage

Your question covers a pretty common problem that arises between neighbors. In California the owner of a tree is responsible to make sure the tree doesn't cause damage to adjoining neighbors. But the owner is not responsible for the mere fact that the tree encroaches. And in most normal cases the owner wouldn't be responsible for the adjacent owner's time and expense to deal with leaves, pine cones or needles or small branches. The adjacent owner can prune and trim branches that overhang,...

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Photography Business License

Remember, if they can hit you with a fee or a tax they will try. The business license law in California is really a patchwork of local city and county ordinances. They are not uniform. But for the most part they require a license if you do business within their jurisdiction. The threshold inquiry then is what they define as doing business. Some municipalities construe conducting any business whatsoever as "doing business" and thus they require a business license. That means if you show up...

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Is it legal for a company to accept money for a non-profit organization

To really answer your question more information will be needed. Clarify your question by providing whether the company that is accepting the money IS the non-profit, or is doing it FOR the non-profit. If it is the non-profit it usually can accept money. Whether it would be a tax-deductible contribution to you has to do whether the non-profit has qualified as a non-profit on the state and federal level. Provide a bit more information.

Can a landlord force pest control on me?

There are two things to keep in mind. First a Landlord owes a tenant something called 'quiet enjoyment' which in simple terms means the Landlord has to leave you alone as long as you are in compliance with the lease. But a Landlord still has the right to take care of his/her property which does include such things as pest control. Assuming that you have a written lease you should read it to see what it says about quiet enjoyment and about the Landlord's right to maintain the property and...

Can creditor put a lien on my house if my children and I own the house?

If you are listed on the deed to the property, which is a public record, even with others, such as your children, a creditor who has a valid claim can put a lien on the property. Depending how you hold title with your children it may be against the entire property or just your interest. Note, my answers are general in nature and do not constitute legal advice. You may wish to speak to an attorney for specific legal advice about your situation.

Starting a non-profit organization

You need to consider two different things. First a non-profit organization is a type of business that is sanctioned by the state you start your business in. For example, I'm in California and I could start a non-profit corporation or association. That is a function of starting the business and following your states rules. If I comply with those rules I can conduct business. The second consideration is making the business non-profit. In order to do that you again must comply with your state's...