Justin C. Lowenthal’s Answers

Justin C. Lowenthal

Davis Business Attorney.

Contributor Level 14
  1. Should I sue the other driver's auto insurance for negligence along with the driver?

    Answered over 1 year ago.

    1. Justin C. Lowenthal
    2. Paul J Molinaro
    3. Mona Deldar
    4. Steven Mark Sweat
    5. Kevin Coluccio
    6. ···
    7 lawyer answers

    Before you file a Small Claims action, I strongly suggest that you speak with a personal injury attorney. A personal injury attorney will help you formulate your case and establish your causes of action, including negligence. Moreover, there are generally no costs or fees associated with a personal injury consultation. However, you should confirm with your attorney that that is the case before meeting with them. Good luck!

    13 lawyers agreed with this answer

  2. California general partnership, 50/50 ownership. Partner wants out, causing harm to business in hopes of forcing sale of assets.

    Answered 12 months ago.

    1. Justin C. Lowenthal
    2. Janet Spiro Martin
    3. Athina Karamanlis Powers
    4. Charles Michael Standard
    4 lawyer answers

    Frankly, this is not your run of the mill legal query. You are in a serious legal predicament with significant ramifications. I strongly advise that you resort to scheduling an in-depth consultation with an attorney rather than relying on brief advice from those on Avvo.com. A business attorney in your area should be able to assist you. Contact one right away!

    12 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Business Valuation

    Answered over 1 year ago.

    1. Justin C. Lowenthal
    2. Robin Mashal
    3. Andrew Kevin Jacobson
    3 lawyer answers

    There is no such thing as a rescission right for buyer's remorse after the purchase of a business, unless such a term is specified in the purchase agreement - which would be unusual. Nothing will prevent a buyer from later suing you, but it is unlikely they will have a valid or meritorious claim, unless, of course, you failed to disclose material information. Any lawsuit brought against you would likely be in the Superior Court of California, in the county where the purchase agreement was...

    12 lawyers agreed with this answer

  4. I own 12% of a very lucrative company, the majority partner now says that I do not have any ownership.

    Answered over 1 year ago.

    1. Justin C. Lowenthal
    2. Michael Raymond Daymude
    3. Guy Irvin Wade III
    4. Deborah Barron
    5. Michael Charles Doland
    6. ···
    6 lawyer answers

    As much as I enjoy helping clients resolve matters just like this, responding to your question (statement) is impossible. What sort of business entity is the company? Why do you believe you own 12%? Did you make a capital investment in the company? Do you have share certificates? These are all questions an attorney will need to ask you before they can help you understand your rights. Feel free to give my office a call if you would like to have a meaningful discussion about this matter.

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. In CA, are trust(s) considered to be an entity just as a corporation is considered to be its own (and separate) entity?

    Answered almost 2 years ago.

    1. Justin C. Lowenthal
    2. John Ryan Charles Burt
    3. Michael Raymond Daymude
    4. Christopher Michael Larson
    4 lawyer answers

    A revocable trust is not considered a separate legal entity. Accordingly, the fact that you transfer property into a revocable trust will not insulate the property from attachment by creditors. Furthermore, since a revocable trust is not a separate legal entity, a federal taxpayer identification number is not required to identify it. Depending upon how it is structured, an irrevocable trust can be independent from its grantor (you), under the law. It is a separate legal entity that must...

    Selected as best answer

  6. Question about - FBN and code instructing to state that your business name is "your name dba fictitious business name"

    Answered about 2 years ago.

    1. Frank Wei-Hong Chen
    2. Justin C. Lowenthal
    3. Thomas Alan Grossman
    4. Steven Mark Sweat
    4 lawyer answers

    As Counselor Chen explained, once you have appropriately filed the FBN statement, you may begin using the FBN in business, without referring first to your own name. You may be confused because often times pleadings in court follow the "your name dba fictitious business name" convention.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Instead of printing out a contract and getting a signature, can I email the agreement and ask the party to reply with "yes"?

    Answered 9 months ago.

    1. Justin C. Lowenthal
    2. Albert Lee Crosner
    3. Pardis Patrick Ashouri
    4. Pearlette Vivian Toussant
    5. Ute Ferdig
    5 lawyer answers

    In many cases, given the factual scenario, this could be held to be an enforceable contract. However, if the agreement breaks down and there is a dispute, wouldn't you prefer to not have to endeavor to prove the existence of a contract? Rather than using an e-mail reply for the acceptance of the agreement, why don't you convert your contract to a PDF and use a program like Adobe EchoSign. It is free to use (on a limited basis) and gives the parties an opportunity to endorse the agreement with...

    9 lawyers agreed with this answer

  8. My mom died without making a will. Should I continue making the house payment>

    Answered over 1 year ago.

    1. Justin C. Lowenthal
    2. Charles Richard Perry
    3. Jonathan Craig Reed
    4. James P. Frederick
    5. Nancy Regan
    5 lawyer answers

    I recommend that you continue making payments on the house and in the meantime, speak with a probate attorney about this matter right away. If your mother died intestate (without a will), you may have rights that you are unaware of as an heir to her estate.

    9 lawyers agreed with this answer

  9. When is the best time to form a company?

    Answered over 1 year ago.

    1. Justin C. Lowenthal
    2. Michael Charles Doland
    3. Luca Cristiano Maria Melchionna
    4. William Martin Burbank
    4 lawyer answers

    I strongly advise that you form the company now, before you begin operations of any sort, which would include entering contracts with the distributor and bottling facility. I also recommend that you begin to build a relationship with a business attorney, preferably one with commercial transaction experience. That relationship may prove invaluable to you in the long run.

    9 lawyers agreed with this answer

  10. How to collect the judgement from a corporation?

    Answered over 1 year ago.

    1. Michael Charles Doland
    2. Joshua Branden Swigart
    3. Justin C. Lowenthal
    4. Carl H Starrett II
    5. Richard Scott Lysle
    6. ···
    6 lawyer answers

    I agree with my colleagues. Obtaining a writ of execution and subsequently serving a notice of levy on the bank is your best option. If you cannot otherwise determine where the corporation banks, you may conduct a debtor examination, where you are able to ask the question.

    9 lawyers agreed with this answer