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Michael Charles Doland

Michael Doland’s Answers

16,496 total


  • Hi

    Hi

    Michael’s Answer

    Flagged for violation of Avvo terms of use.

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  • Is a legal document needed to acknowledge a partnership that has ended when one partner agrees takes over the business?

    Is a legal document needed to acknowledge a partnership has ended when one partner agrees the other partner can take over the real estate investment by a refi? There was no formal agreement initially.

    Michael’s Answer

    If you filed a GP 1 you need to file a GP 3 or GP 7 with the secretary of state. Even if not, a writing is always the way to memorialize any changes rights and responsibilities between the partners. There may also be tax consequences you have not considered so consulting a CPA as well would be advised. Finally, the deed to the property will need to be amended and you need to make sure that doesn't trigger a due on sale clause with your lender.

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  • When does the Statute of Limitations on fraud start?

    Does the Statute of Limitations start from the date that the contract is signed or the date that the fraud is discovered or ???

    Michael’s Answer

    It is from the date the fraud was discovered or "should have been" discovered.

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  • Will a Trump presidency jeopardize my possibility of an E-2 visa?

    I'm a Canadian citizen who plans on creating a software company in the USA in a couple of years through an E-2 visa. One of the requirements is to be a member of a country the USA has a trade agreement with. If Trump (wants to possibly abolish or ...

    Michael’s Answer

    There are too many moving parts to your question and any answer now would be speculative and uninstructive.

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  • I am looking at an online school for par legals and wonder if the certificate and AA degree from this school would work for get

    Wondering if this would suffice to obtain a par legal position in a California law firm. The online school is Penn Foster.

    Michael’s Answer

    I must agree with Mr. Kaufman. Degrees don't get you a job as a paralegal. Education costs have become excessive. Every firm I know will prefer to train their own people who they perceive to be bright, honest and hard-working.

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  • If the landowner its in another state is it safe to send the deposit and 1st month rent to him?

    He asked us to send the deposit thru MoneyGram. Now he sends us the lease agreement and wants us to send him the deposit and 1st month rent. IN order for him to send us the keys of the home thru FedEx. Me and my husband find it suspicious. That's ...

    Michael’s Answer

    I would be very suspicious. How do you know this person is the "owner"? Have landlord use an Inglewood lawyer with malpractice insurance. Lawyer get's money for his client when you get proof of ownership, a signed lease, and keys that fit the locks. If it's a scam, you sue the lawyer and his malpractice carrier.

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  • How do i keep my patent royalties?

    hello....before i file for a provisional app........what can i do to keep patent and royalties from spouse in case of future divorce?.......i am sitting on the fence at this time.........thanks

    Michael’s Answer

    Asking how to hide community property from your spouse is like asking how to defraud the government out of taxes. I wouldn't expect too many answers. a "post-nuptial" agreement could be possible, but that doesn't seem to be the direction you are heading.

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  • Can a 501 (c) (3) california non profit charge a service fee, membership fee?

    We are starting the non profit and need to generate funds.

    Michael’s Answer

    Yes, a 501(c)(3) can have members and charge a membership fee.
    With respect, you need a CPA and a lawyer to volunteer to be on your board. You never want to miss a tax filing and you never want to be a defendant in a lawsuit.
    This is not a "public finance" question (municipal bonds, etc.) but a business question regarding not for profits.

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  • What is the most a lawyer can take from a personal Injury case?

    I was in an accident and I attained a lawyer, he started charging fees and was slow, I got a new lawyer but the original one put a 2500$ lien on the case. Now that it's finally settled my new layer wants 40% of the settlement which is fine but als...

    Michael’s Answer

    Both lawyers had you sign written retainer agreements. The answers are found in those two documents. Switching lawyers because you thought one was "slow" now costs you money. You cannot be surprised.

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  • I think I can tell the guy to pound sand, Can I?

    A couple years ago I purchased a restaurant, old owner had an account with a coffee supplier and supplier provided a grinder and a brewer to old owner. We purchase business, go through escrow with all proper notices of sale given and close. Vend...

    Michael’s Answer

    In law school one learns the correct answer is not "B is wroing; A is right".
    The correct answer is "The best argument for A is ...; the best argument for B is ..., the weakest aspect of A's case is ...
    All of what you is is arguable, but at a price alluded to by my colleague - the cost and distraction of litigation.
    I think the bulk sales notice is the best argument you have, but on any certain day a superior court judge may feel differently.

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