Justin C. Lowenthal’s Answers

Justin C. Lowenthal

Davis Business Attorney.

Contributor Level 14
  1. COPYRIGHT OR TRADEMARK?

    Answered over 1 year ago.

    1. Michael Charles Doland
    2. Justin C. Lowenthal
    3. David Nima Sharifi
    4. Dariush G. Adli
    5. Eric Jerome Gold
    5 lawyer answers

    Trademark. You have copyrights in your pictures.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Can a Minute Order be evidence?

    Answered about 2 years ago.

    1. Justin C. Lowenthal
    2. James Juo
    3. James Michael Slominski
    4. Quin Elen Marshall
    4 lawyer answers

    Yes, it is admissible. You will need to file a Request for Judicial Notice of the minute order. Whether it will have any weight in your particular matter is unknown, but unlikely.

    6 lawyers agreed with this answer

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  3. Can the value of property in a living trust be used to pay the debts of the person who dies?

    Answered over 1 year ago.

    1. Joel Steven Weissler
    2. Robin Mashal
    3. Justin C. Lowenthal
    3 lawyer answers

    I am very sorry to hear about your father. If you father passes away, the trust assets must be used to pay his debts and liabilities. In addition, most trusts contain provisions which allow the trustee discretion to use trust funds to pay for the expense of death and/or final illness. You should review the terms of the trust for such a provision. Trust administration is sometimes difficult. You should speak with an attorney if you require any sort of assistance.

    6 lawyers agreed with this answer

  4. Can Judgment Creditor levy my business account if the Judgment is only against me personally?

    Answered over 1 year ago.

    1. Justin C. Lowenthal
    2. Brian Campbell Fenn
    3. Richard Scott Lysle
    4. Carl H Starrett II
    4 lawyer answers

    Yes, a creditor can levy this account. As a sole proprietor of the business, your business and personal assets are one and the same, regardless of whether you open an account designated for business operations.

    6 lawyers agreed with this answer

  5. Not knowing if contract obligation or breach was involved, ultimatum given " To choose employers" resulted in conflict

    Answered almost 2 years ago.

    1. Neil Pedersen
    2. Justin C. Lowenthal
    3. Michael Charles Doland
    3 lawyer answers

    I agree with Counselor Pedersen. However, if you have an employment contract, there is a possibility that are you not classified as an at-will employee. There would likely be a term in the employment contract to that extent. If there is no mention of at-will status and there are provisions in the contract addressing termination or cause for termination, you should speak with an attorney right away so that you can obtain help understanding your rights (and perhaps the employer's liabilities).

    6 lawyers agreed with this answer

  6. Help, I've been sued! How much lawyer fees would the plaintiff rack up considering there is a statute for reimbursement?

    Answered almost 2 years ago.

    1. Justin C. Lowenthal
    2. Joshua Branden Swigart
    3. Michael Raymond Daymude
    4. Michael Charles Doland
    4 lawyer answers

    This really depends on the type of case filed against you. If it is a simple matter it may be fairly inexpensive as far as attorneys' fees go. However, if the damages claimed are only $10,000, you should be conferring with an attorney immediately to discuss a quick settlement. Your attorneys' fees, plus those of the plaintiff, will easily reach $10,000 in +90% of cases that go to trial. An attorney can help you negotiate an offer in compromise or supervised settlement that will help you avoid...

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  7. How is fee-splitting defined?

    Answered about 2 years ago.

    1. Justin C. Lowenthal
    2. Barry Robert Gore
    3. Michael Charles Doland
    3 lawyer answers

    Since you already know where to look, I will let you locate the precise definition of "fee splitting". Fee splitting is simply an agreement between two or more attorneys to share in the attorneys' fees charged to the client. A fee split can be based on hourly, contingent (percentage), or flat fee arrangements. However, attorneys must disclose, in writing, the terms of the fee split and obtain the client's written consent. Also, the fees, when taken in the aggregate, cannot be more than the...

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  8. Can a corporation buy a sole proprietorship and give that sole proprietorship legal protection? If not, what entity can?

    Answered 12 months ago.

    1. Michael Prozan
    2. Justin C. Lowenthal
    3. Zaher Fallahi
    4. Dana Howard Shultz
    5. Kenneth Allyn Sprang
    5 lawyer answers

    Congratulations on this new venture and acquisition. My thoughts/responses are as follows: 1. Your corporation may purchase the *business*, not the sole proprietorship. In other words, the corporation may purchase the assets, liabilities, and goodwill of the business. 2. The business you acquire, if owned by the corporation, would in theory be protected the same as other business you conduct under the corporate structure. 3. I agree with your prior lawyer's assessment that it would be...

    5 lawyers agreed with this answer

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  9. My CA corporation was suspended, my insurance company is denying a claim, due to suspension. Insurance was issued to the corpora

    Answered over 1 year ago.

    1. Michael Raymond Daymude
    2. Brad S Kane
    3. Timothy John Broussard
    4. Justin C. Lowenthal
    5. Michael Charles Doland
    6. ···
    6 lawyer answers

    If the corporation was suspended at the time it purchased the insurance policy, the policy was probably issued to your corporation as a result of an error by the insurance carrier. As a suspended corporation, the corporation cannot enter into contracts of any sort, as it lacks legal capacity to do so. The insurance carrier, I presume, neglected to confirm that the corporation was a valid legal entity at the time the policy was sold. I see a very strong argument for the insurance company...

    5 lawyers agreed with this answer

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  10. My dad just passed, do I need to go through probate?

    Answered over 1 year ago.

    1. John Bernard Palley
    2. Justin C. Lowenthal
    3. Amanda Lisa Sinclair
    4. Paula Brown Sinclair
    4 lawyer answers

    I am sorry for your recent loss. I will try to answer your legal questions as clearly as possible. Your father owned a house, which is a $100k asset, but left no will devising the property. You have two brothers, each presumably expecting an interest in your father's estate. Currently, however, there are tenants living in your father's home. To resolve these legal dilemmas, you should first confer with a probate attorney. Your father's estate may likely be administered under summary...

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