Archived
I am buying a home and the seller has requested a rent-back but will not sign a lease agreement or put down a deposit?
Robert's answer
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Answered on September 23, 2013
It is somewhat common for the parties to agree that the seller can remain in the property for a brief period after the closing. As my colleagues...
Archived
I run a small business that is a corporation. I am being sued, not my corporation. Is this correct? What is best response?
Robert's answer
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Answered on September 21, 2013
Similar to my colleague Abraham Mathew, I always say that anyone can sue anyone at any time for any reason; the question is whether he or she has a...
Can neighbor make us take down fence that straddles property line? Was put up by previous owner of our property 15+ years ago
Robert's answer
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Answered on September 21, 2013
Depending upon the facts, the doctrines of prescriptive easement and agreed boundary might be helpful. Your legal counsel may also want to look at...
Archived
I have 3 years left on a lease where I had a restaurant. My landlord gave me a 3 day notice. Am I out of the lease, or do I pay
Robert's answer
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Answered on September 20, 2013
How frustrating it is to have your business not succeed and then need to worry about the future rent! Your ongoing liability depends in...
Archived
Do we need to register all LLC member names with the state (California)?
Robert's answer
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Answered on September 20, 2013
Generally a limited liability company files three or four documents with the State of California: (1) the Articles of Organization, which name only...
Archived
I am a foreign national currently in California with a company in South Africa. I would like to open a subsidiary in California.
Robert's answer
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Answered on September 20, 2013
If the company will be doing business in California but is formed in another state, it will need to qualify to do business in California and comply...
Archived
Question about lease.
Robert's answer
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Answered on September 20, 2013
The short answer is, yes, as long as you document it very carefully. But what are you trying to accomplish? Adding your wife to the lease might...
Archived
Do both members of an LLC need to be licensed in order for that LLC to do business?
Robert's answer
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Answered on September 19, 2013
I certainly appreciate both your renewed efforts to contribute to the society and economy and the difficult hurdles you face. From what you...
Archived
How do I legally leave an L.L.C. in which ownership is 50/50?
Robert's answer
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Answered on September 19, 2013
As my colleagues Michael Doland and Dana Shultz have advised, the best solution–if possible–is to reach an agreement with the other member which...
Archived
What form do I use to put a lien on a property for securing a loan I am giving the homeowner. Should I use the one that allows
Robert's answer
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Answered on September 19, 2013
The proper form is a deed of trust, to be recorded with the County Recorder where the property is located. This allows you to foreclose, through a...
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