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Dana Howard Shultz

Dana Shultz’s Answers

5,182 total


  • Is the business owner obligated to provide liability insurance info to me if my car is vandalized on their property?

    Dana’s Answer

    A business owner is not legally responsible for vandalism merely because it occurs in the business's parking lot.

    Furthermore, you have not stated any facts that suggest that the business owner did anything wrong that resulted in the damage to your car.

    The "vehicles will be towed" sign is irrelevant.

    Given that the business owner has no liability, there is no reason for you to seek information about the business's insurer.

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  • Do contracts hold legal merit across country boarders?

    Dana’s Answer

    Given that the contract is in the Italian language, I suspect that it will be interpreted and enforced in accordance with Italian law.

    Accordingly, you should seek an Italian lawyer. The likelihood that you can find, here on Quora, a California lawyer who also is licensed to practice law in Italy is quite low.

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  • I made some dirt bike jumps on a public trail and the park ranger took them down. I was wondering if I could rebuild them.

    Dana’s Answer

    Public facilities are available for all to use, but not to reconstruct.

    Don't rebuild the jumps.

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  • CA: Must I accept an arbitration clause in signing up with a new doctor or dentist?

    Dana’s Answer

    If there is an arbitration clause, you can ask the doctor or dentist to eliminate or modify it.

    However, the likelihood that your request will be accepted is somewhere near zero. If you don't accept the terms that the provider offers, the provider probably will not take you on as a patient.

    So, to answer the title question: No, you are not obligated to accept an arbitration clause, but, likewise, the provider is not obligated to accept you as a patient.

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  • Should my independent contractor agreement include my state's governing law and jurisdiction?

    Dana’s Answer

    Answer #1: Yes.

    Answer #2: If you had to ask this question, you should retain an experienced business lawyer to analyze the entire agreement and advise you accordingly.

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  • Can a text message be used as a legally binding lease extension?

    Dana’s Answer

    I believe the quoted text is a somewhat rambling discussion of the relevant options rather than express acceptance of one of those options.

    Accordingly, I believe (based on the limited informaiton provided here) that you now have a month-to-month tenancy based on either the cited lease provision or applicable law.

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  • Termination. Vacation paid at rate it was earned?

    Dana’s Answer

    The Department of Industrial Relations addresses this issue in FAQ #10 on its Vacation page (https://www.dir.ca.gov/dlse/faq_vacation.htm):

    "[T]he employer must pay the employee at his or her final rate of pay for all of his or her earned and accrued and unused vacation days."

    So, your unused vacation should be paid at your current (lower) rate.

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  • Is Foreign Qualification of my Delaware C Corp in CA needed right away?

    Dana’s Answer

    It is impossible to provide a definitive answer to this question because not enough information about the company has been provided.

    The test for foreign qualification is whether your company will be transacting intrastate business.

    That, in turn, is defined as “entering into repeated and successive transactions" of business within the state.

    If you have a business in CA, then it probably will be entering into repeated and successive transaction with customers, suppliers, contractors, professional service providers, etc. within the state, thus foreign qualification probably will be required.

    It is admirable that you want to comply with applicable laws. For an additional $350, you can file with expedited (24-hour) turnaround. Please see https://www.sos.ca.gov/business-programs/business-entities/processing-dates/.

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  • How is monetary restitution calculated as owed to minority members in a Calif. LLC for constructive dividends taken by majority?

    Dana’s Answer

    Your situation and question are way too complicated for an answer on Avvo.

    You can use Find a Lawyer at the top of the page to identify a business litigator in your area to advise you.

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  • Can a Casino legally require someone to pay restitution?

    Dana’s Answer

    You state that you broke the glass, apparently without justification. Accordingly, you were obligated to reimburse the casino for the cost to repair the broken glass.

    One would have to analyze the paper that you received to know exactly what the casino wrote. That said, I suspect it said something along the line of "if you want to come back, you have to pay", rather than "if you pay, we will let you back in".

    In any event, based on the facts presented there is no basis for requesting your money back. You caused damage, and you had an obligation to pay for that damage.

    Indeed, though you did not explain precisely how or why you caused that damage, the facts suggest that you may have done so as the result of violence or misbehavior, rather than mere negligence or error. If that is the case, the casino is justified in prohibiting your return.

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