John Pierce's Answers

Can a corporation be an owner of a sole-proprietorship?

No. If a corporation is a partial owner of a business, then it is in partnership with the other owner and the business is not a sole-proprietorship. If a corporation is the sole owner of a business, then the business is simply a tradename of the corporation. Under Washington law, a de facto partnership is formed when two or more persons (an entity like a corporation is considered a person) operate a business jointly for the purpose of making a profit. This, in itself, becomes its own...

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Consequences for terminating commercial lease before lease is up

Your potential liability for terminating the lease depends on the terms of the contract - lease agreement - that you signed. I would first recommend that you have the agreement reviewed by an attorney in your area. Otherwise, if the terms of termination of the lease are not specified in the contract, then you likely will be liable for the damages, i.e. lost rent, incurred by the leasor. You have two years left on your lease and so the landlord has a duty to mitigate damages by seeking a new...

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Checking filing status of bankruptcy petition, u.s. bankruptcy court clerk's office, bankruptcy records status

To find whether or not your friend actually filed bankruptcy you can either ask your friend for the bankruptcy case number or copy of the filing notice, or alternatively, you can search PACER for the bankruptcy court case in the Western District of Washington. A search costs 8 cents per page and covers all federal courts, including bankruptcy courts. http://pacer.psc.uscourts.gov/ As for the cost of a simple loan doc, it depends on what you want in that document. It may not be a simple as...

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Should the atheist display at Washington State Capitol be taken down?

The Washington State Constitution states: SECTION 11 RELIGIOUS FREEDOM. Absolute freedom of conscience in all matters of religious sentiment, belief and worship, shall be guaranteed to every individual, and no one shall be molested or disturbed in person or property on account of religion; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the peace and safety of the state. No public money or...

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Why is Espresso Gone Wild Erotic Entertainment?

The makeup of the"community" in which the entertainment is located is a determinant factor when labeling something as erotic or obscene. So, in general, the more puritanical the community, the easier it is to label something as offensive. In WA, RCW 6.68.050(2) "Erotic material" means printed material, photographs, pictures, motion pictures, sound recordings, and other material the dominant theme of which taken as a whole appeals to the prurient interest of minors in sex; which is patently...

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Someone selling my home on Craigslist!!

I may be reading your question incorrectly but you state that the sellers are "trying to sell our contract for half the price owed." It appears that you purchased the home from the sellers on an installment or some type of contract, and the mobile home was used as security for the contract. f this is the case, once that contract is signed, the contract itself be becomes a whole new type of property that could be characterized as chattel paper ( a writing or writings which evidence both a...

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Business partnership

Based on your question, the "agreement", while signed, was not actually executed. Contracts require consideration, and if his consideration under the contract was to pay an outstanding bill from your old company, and he did not pay that consideration, then he has no rights under the contract. Additionally, even if the LLC were formed and you were 50/50 partners, any of your formulas and products are yours unless those were transferred into the partnership/LLC. These types of questions...

Is it possible to start a non-profit wine label/brand and buy the bulk wine from a company owned solely by disqualified persons?

I would say that it depends on how the non-profit brand is sold - wholesale or retail. I see no issue with using two entities to produce wine, one to do the bulk fermentation and aging, and another to do branding, bottling, and private labeling. The production entity can sell its bulk product to another winery for blending, or to the private label for bottling. My question is how the non-profit brand will be selling and marketing the product. Will it still be a manufacturer, a manufacturer...

Improper venue and violation of WA Collection Agency law?

This answer is prefaced with a recommendation that you should seek legal counsel to review the facts and communications of this matter. To answer your timing questions, an answer is due 20 days from the day of service of the summons and complaint. CR 12(a)(1). Whether service was proper is fact dependent, and is governed by CR5(b)(1) which states "Service upon the attorney or upon a party shall be made by delivering a copy to him or by mailing it to him at his last known address or, if...

Under WA state law what is the definition of a quorum, rcw 24.03.110

If a quorum is not specified in the Articles of Incorporation or Bylaws, then a quorum is the a majority of the numbers of directors specified in the bylaws or Articles - or more than half. If the corporation chooses, it can specify a lower number of directors for a quorum in its Bylaws or Articles of Incorporation, although the lowest allowable quorum is at least 1/3 of those specified in the Articles. While the rule is similar, it is important to know what kind of corporation are you...