Justin C. Lowenthal’s 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!

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...

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.

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...

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.

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.

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.

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.

Yes, so long as the statute of limitations (4 yrs.) did not run on the written contract, the estate can enforce payment of the debt. However, first a personal representative of the estate must be appointed. When did your uncle pass away? Did he have a will or a trust? You need to speak with an attorney immediately. Please feel free to contact me to discuss this matter.

A partnership named "One Two Three Four Five Six" may operate under one or more fictitious business names, or "DBA's". Fictitious business name statements must be filed with the County in which the principal place of business is located. Therefore, the partnership may use the name, hypothetically, "One Two Three" or "Four Five Six". However, using the word, "Company", suggests that the business is a corporation or LLC, which is not permitted under these circumstances. On a side note, I...