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Todd Eric Gallinger

Todd Gallinger’s Answers

81 total


  • Question about forming a prof. corp. with 2 partners - one licensed partner the other not

    My business partner and I are wanting to form a business entity for a property management company and split ownership 50/50. It seems that we must form a prof. corp. (an llc is not allowed). Part 1. Can a prop. management company be an LLC? ...

    Todd’s Answer

    If the organization needs to get licensed by the DRE (Department of Real Estate), it cannot be a LLC. It still, however, doesn't qualify as a "Professional Corporation" under the Business Code, that is reserved for attorneys, doctors, accountants, and architects (generally). Additionally, DRE requires that you be a "C-Corp", which can raise some taxation issues.

    You should talk to an attorney who handles commercial real estate and corporate law to set up your company, and also get a CPA. It'd be wise to all make sure that your agreement with your partners is clear.

    You can check one of my websites for more info:
    http://southerncaliforniabusinesslaw.com

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  • Can I amend a demurrer?

    Hello, I filed a demurrer against the plaintiff. Its an unlawful detainer suit and I am the defendant. Unknown to me there is a defect in the three day notice, and I want to include that in my demurrer. Can I do this? Also, how much difference in...

    Todd’s Answer

    You can withdraw and refile the Demurrer. The amount of rent does matter in a residential case, so be sure to raise that issue. A demurrer, however, may not be the best place to raise these issues because they require evidence. Whenever you have a hearing with the judge, be sure to raise these issues there too, he should accept it from you as a pro se defendant, but I would really recommend getting a residential landlord/tenant lawyer to help you with this. I don't handle this type of thing (only commercial real estate), but if you message me I can provide some referrals.

    Good luck,

    Todd Gallinger
    www.gallingerlaw.com

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  • What Can I Do With This INS Hold Case?

    My mother is in INS custody for a crime she did 15 years ago and its been 2months now. No lawyer. She is from Vietnam. She's had a clean record for 15 years now and had been a good citizen. Got a high paying job and settled. Is she going to be d...

    Todd’s Answer

    If your mother is in Santa Ana City Jail, that probably means that she still needs to appear before an immigration judge, maybe on a bond hearing. You can discuss with the Immigration Lawyers release with an anklet, I've seen it happen recently. For long term hold, she would be sent to Lancaster or elsewhere.

    You really need to consult with an immigration attorney who handles removal defense. Gallinger Law actually doesn't, but if you message me I can provide some referrals.

    Good Luck,

    Todd Gallinger
    www.gallingerlaw.com

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  • What Can I Do With This INS case?

    My mother is in INS custody for a crime she did 15 years ago and its been 2months now. No lawyer. She is from Vietnam. She's had a clean record for 15 years now and had been a good citizen. Got a high paying job and settled. Is she going to be d...

    Todd’s Answer

    If your mother is in Santa Ana City Jail, that probably means that she still needs to appear before an immigration judge, maybe on a bond hearing. You can discuss with the Immigration Lawyers release with an anklet, I've seen it happen recently. For long term hold, she would be sent to Lancaster or elsewhere.

    You really need to consult with an immigration attorney who handles removal defense. Gallinger Law actually doesn't, but if you message me I can provide some referrals.

    Good Luck,

    Todd Gallinger
    www.gallingerlaw.com

    See question 
  • Marriage based AOS from tourist visa denied?

    Hi, I know someone who married a US citizen while she was on visa waiver ( 3 month tourist visa). They had the interview today and will most likely be denied. The immigration office explained that she signed a document upon entry into the Unite...

    Todd’s Answer

    You should not have an issue, as long as enough time passed between entry and the marriage. The issue is the intent at the time of entry, if they believe that you had a fraudulent intent, actually intended to stay permanently when entering on a temporary visa, then they can deny the application or even exclude from future entries.

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  • My ex owes me 22,000 dollars and i have an iou but she has untill oct 3 2011 to pay it back but i know she never intends to pay.

    so what is my next step?

    Todd’s Answer

    Your next step would be to consult with an attorney to see about filing a lawsuit. It would be a limited civil case in California, but it is well over the limit for small claims court. If you have proof that she doesn't intend to pay (written statements for example) you may be able to sue before the due date. Hopefully you had the initial note or IOU drafted by an attorney, if so they probably put additional legal protections for you in there, such as the ability to cover attorneys fees and costs.

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  • After my Biometrics of EAD i have recieved an 1-797E notice of action form and have asked with few documents.

    1> 2 passport photo. 2> principals 1-797 copy 3> 1-94 copy 4> my name and A-number to be written on back of photopragh. But i dont have an A-number or where can i get it. What is an A number. I have an SSN number. i have to mail all the abo...

    Todd’s Answer

    You get an A-Number when you apply for lawful permanent residence (a green card). If you don't have this, then just write your name on the back of the photographs and send everything in as soon as possible. Always send everything to USCIS with registered mail and a return receipt and keep a copy of what was mailed for your records.

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  • Wine broker Consulting and question.

    I am currently helping my customers in China to purchase California wine, I added my mark-up price to the winery's price and I will invoice the winery for the mark-up. Do I really need a license to be a wine broker. I read some info from TTB, it...

    Todd’s Answer

    It would likely depend on how your contract is drafted, what name appears on the invoices, sent by the wineries here, if you intend to do the same for others, and other details. I would consult an attorney for more information, to see if you are a wholesaler or can qualify just as an agent of the Chinese firm.

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  • Is it legal for a neighbor to stare at you in your own backyard while he is in his house?

    We have had issues with our neighbor for some time now. The other day we had guests over and were having a BBQ in our backyard when we saw our neighbor staring at us from his kitchen window. It was night time and he had all the lights off. Just...

    Todd’s Answer

    I have difficulty imagining what law he might be breaking or what tort you might be able to bring against him. The only possible one I could think of would be nuisance, but you would have to show that his actions are unreasonable and that he knows the harm they cause, which would probably be difficult.

    Generally, people are allowed to do what they want on their own property. Rather than resolve it legally, it is probably best to try other methods.

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